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3 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 1 1 | |
3 | + | SB576 HFLR Page 1 | |
4 | + | BOLD FACE denotes Committee Amendments. 1 | |
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28 | - | ENGROSSED HOUSE AMENDME NT | |
29 | - | TO | |
30 | - | ENGROSSED SENATE BILL NO . 576 By: Montgomery of the Senate | |
29 | + | HOUSE OF REPRESENTATIVES - FLOOR VERSION | |
30 | + | ||
31 | + | STATE OF OKLAHOMA | |
32 | + | ||
33 | + | 1st Session of the 59th Legislature (2023) | |
34 | + | ||
35 | + | COMMITTEE SUBSTITUTE | |
36 | + | FOR ENGROSSED | |
37 | + | SENATE BILL NO. 576 By: Montgomery of the Senate | |
31 | 38 | ||
32 | 39 | and | |
33 | 40 | ||
34 | 41 | Boatman of the House | |
35 | 42 | ||
36 | 43 | ||
37 | 44 | ||
38 | 45 | ||
39 | 46 | ||
47 | + | COMMITTEE SUBSTITUTE | |
48 | + | ||
40 | 49 | [ motor vehicles - tax exemptions - foreign export | |
41 | 50 | title - certificates - form – fee - exception - | |
42 | 51 | effective date - | |
43 | 52 | emergency ] | |
44 | 53 | ||
45 | 54 | ||
46 | 55 | ||
47 | 56 | ||
48 | - | AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill | |
49 | - | and insert: | |
50 | - | ||
51 | - | ||
52 | - | ||
53 | - | ||
54 | - | "[ motor vehicles - tax exemptions - foreign export | |
55 | - | title - certificates - form – fee - exception - | |
56 | - | effective date - | |
57 | - | emergency ] | |
58 | - | ||
59 | - | ||
60 | 57 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
61 | 58 | SECTION 1. AMENDATORY 68 O.S. 2021, Section 2105, is | |
62 | 59 | amended to read as f ollows: | |
63 | 60 | Section 2105. An original or a transfer certificate of title or | |
64 | 61 | a foreign export certificate of title, as provided for in Section | |
65 | 62 | 1105 of Title 47 of the Oklahoma Statutes, shall be issued without | |
63 | + | the payment of the excise t ax levied by Section 21 01 et seq. of this | |
64 | + | title for: | |
66 | 65 | ||
67 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 2 1 | |
66 | + | SB576 HFLR Page 2 | |
67 | + | BOLD FACE denotes Committee Amendments. 1 | |
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92 | - | the payment of the excise t ax levied by Section 21 01 et seq. of this | |
93 | - | title for: | |
94 | 92 | 1. Any vehicle owned by a nonresident person who operate s | |
95 | 93 | principally in some ot her state but who is in Oklahoma only | |
96 | 94 | occasionally; | |
97 | 95 | 2. Any vehicle brought into this state by a person formerly | |
98 | 96 | living in another state, who has owned and registered the vehicle in | |
99 | 97 | such other state of residence at least sixty (60) days prior to the | |
100 | 98 | time it is required to be registered in this state; pro vided, | |
101 | 99 | however, this paragraph s hall not apply to businesses engaged in | |
102 | 100 | renting cars without a d river; | |
103 | 101 | 3. Any vehicle registered by the State of Oklahoma, by any of | |
104 | 102 | the political subdivisions thereof, or by a fire department | |
105 | 103 | organized pursuant to Section 592 of Title 18 of the Oklahoma | |
106 | 104 | Statutes to be used for the purposes of t he fire department, or a | |
107 | 105 | vehicle which is the subject of a lease or lease -purchase agreement | |
108 | 106 | executed between the person seeking an or iginal or transfer | |
109 | 107 | certificate of title for the v ehicle and a municipality, count y, | |
110 | 108 | school district, or fire protection di strict. The person see king an | |
111 | 109 | original or transfer certificate of title shall provide adequate | |
112 | 110 | proof that the vehicle is subject to a lease or lease-purchase | |
113 | 111 | agreement with a municip ality, county, school district, or fire | |
114 | 112 | protection district at the time t he excise tax levied wo uld | |
115 | 113 | otherwise be payable. The Oklahoma Tax Commission shall have the | |
114 | + | authority to determine what constitutes a dequate proof as required | |
115 | + | by this section; | |
116 | 116 | ||
117 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 3 1 | |
117 | + | SB576 HFLR Page 3 | |
118 | + | BOLD FACE denotes Committee Amendments. 1 | |
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142 | - | authority to determine what constitutes a dequate proof as required | |
143 | - | by this section; | |
144 | 143 | 4. Any vehicle, the legal ownership o f which is obtained by the | |
145 | 144 | applicant for a certificate of title by inheritance; | |
146 | 145 | 5. Any used motor vehicle, travel trailer, or commercial | |
147 | 146 | trailer which is owned and being offe red for sale by a person | |
148 | 147 | licensed as a dealer to sell the same, under the provisi ons of the | |
149 | 148 | Oklahoma Vehicle License and R egistration Act: | |
150 | 149 | a. if such vehicle, travel trailer, or commercial trailer | |
151 | 150 | has been registered in Oklahoma and the excise tax | |
152 | 151 | paid thereon, or | |
153 | 152 | b. when such vehicle, travel trailer, or commercial | |
154 | 153 | trailer has been reg istered in some other state but is | |
155 | 154 | not the latest manufactured m odel. | |
156 | 155 | Provided, the provisions of this paragraph shall not be | |
157 | 156 | construed as allowing an exemption to any person not licensed as a | |
158 | 157 | dealer of used motor vehicles, travel trailers, or commercial | |
159 | 158 | trailers, or as an automotive dismantler a nd parts recycler in th is | |
160 | 159 | state; | |
161 | 160 | 6. Any vehicle which was purchased by a person licensed to sell | |
162 | 161 | new or used motor vehicles in anothe r state: | |
163 | 162 | a. if such vehicle is not purchased for operation or | |
164 | 163 | resale in this state, and | |
164 | + | b. the state from which the dealer is licensed offers | |
165 | + | reciprocal privileges to a dealer licensed in this | |
166 | + | state, pursuant to a reciprocal agreeme nt between the | |
165 | 167 | ||
166 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 4 1 | |
168 | + | SB576 HFLR Page 4 | |
169 | + | BOLD FACE denotes Committee Amendments. 1 | |
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191 | - | b. the state from which the dealer is licensed offers | |
192 | - | reciprocal privileges to a dealer licensed in this | |
193 | - | state, pursuant to a reciprocal agreeme nt between the | |
194 | 194 | duly authorized agent of the Tax Commission and the | |
195 | 195 | licensing state; | |
196 | 196 | 7. Any vehicle, the ownership of which was obtained by the | |
197 | 197 | lienholder or mortgagee u nder or by foreclosure of a lien or | |
198 | 198 | mortgage in the manner provided by law or to the in surer under | |
199 | 199 | subrogated rights arising by reason of loss under an insuranc e | |
200 | 200 | contract; | |
201 | 201 | 8. Any vehicle whic h is taxed on an ad valorem basis; | |
202 | 202 | 9. Any vehicle or motor vehi cle, the legal ownership of which | |
203 | 203 | is obtained by transfers: | |
204 | 204 | a. from one corporation to another corporation purs uant | |
205 | 205 | to a reorganization. As used in this subsec tion the | |
206 | 206 | term “reorganization” means: | |
207 | 207 | (1) a statutory merger or consolida tion, or | |
208 | 208 | (2) the acquisition by a corporation of substantially | |
209 | 209 | all of the properties of another corporation wh en | |
210 | 210 | the consideration is solely all or a part of the | |
211 | 211 | voting stock of the a cquiring corporation, or of | |
212 | 212 | its parent or subsidiary corporation, | |
213 | 213 | b. in connection with the wind ing up, dissolution, or | |
214 | 214 | liquidation of a corporation only when there is a | |
215 | + | distribution in kind to the sharehold ers of the | |
216 | + | property of such corporation, | |
215 | 217 | ||
216 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 5 1 | |
218 | + | SB576 HFLR Page 5 | |
219 | + | BOLD FACE denotes Committee Amendments. 1 | |
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241 | - | distribution in kind to the sharehold ers of the | |
242 | - | property of such corporation, | |
243 | 244 | c. to a corporation where the former own ers of the | |
244 | 245 | vehicle or motor vehicle trans ferred are, immediately | |
245 | 246 | after the transfer, in control of the corporation, and | |
246 | 247 | the stock or securities receive d by each is | |
247 | 248 | substantially in proportion to the interest in the | |
248 | 249 | vehicle or motor vehicle prior to the tra nsfer, | |
249 | 250 | d. to a partnership if the former owners of the vehicle | |
250 | 251 | or motor vehicle transferred are, immediately after | |
251 | 252 | the transfer, members of such partne rship and the | |
252 | 253 | interest in the partnership received by each is | |
253 | 254 | substantially in proportion to the interest in the | |
254 | 255 | vehicle or motor vehicle prior to the transfer, | |
255 | 256 | e. from a partnership to the members thereof when made in | |
256 | 257 | the dissolution of such partnership, | |
257 | 258 | f. to a limited liabilit y company if the former owners of | |
258 | 259 | the vehicle or motor vehicle transferred are, | |
259 | 260 | immediately after the transfer, members of the limited | |
260 | 261 | liability company and the interest in the limited | |
261 | 262 | liability company received by each is substanti ally in | |
262 | 263 | proportion to the interest in the vehicle or motor | |
263 | 264 | vehicle prior to the transfer, or | |
265 | + | g. from a limited liability company to the members | |
266 | + | thereof when made in the dissolution of such | |
267 | + | partnership; | |
264 | 268 | ||
265 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 6 1 | |
269 | + | SB576 HFLR Page 6 | |
270 | + | BOLD FACE denotes Committee Amendments. 1 | |
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289 | 294 | ||
290 | - | g. from a limited liability company to the members | |
291 | - | thereof when made in the dissolution of such | |
292 | - | partnership; | |
293 | 295 | 10. Any vehicle which is purchased by a person to be used by a | |
294 | 296 | business engaged in renting motor vehicles without a driver, | |
295 | 297 | provided: | |
296 | 298 | a. the vehicle shall not be rented to the same person for | |
297 | 299 | a period exceeding ninety (90) days, | |
298 | 300 | b. any such vehicle exempted from the excise tax by these | |
299 | 301 | provisions shall not b e placed under any type of lease | |
300 | 302 | agreement, | |
301 | 303 | c. on any such vehicle exempt ed from the excise tax by | |
302 | 304 | this subsection that is reregistered in this st ate, | |
303 | 305 | without a prior sale or transfer to the persons | |
304 | 306 | specified in divisions (1) and (2) of this | |
305 | 307 | subparagraph, at any time prior to the expiration of | |
306 | 308 | twelve (12) months from the date o f issuance of the | |
307 | 309 | original title, the seller shall pay immediately the | |
308 | 310 | amount of excise tax whic h would have been due had | |
309 | 311 | this exemption not been granted plus a penalty of | |
310 | 312 | twenty percent (20%). No such exci se tax or penalty | |
311 | 313 | shall become due and payable if the vehicle is sold or | |
312 | 314 | transferred in a condition either physical or | |
313 | 315 | mechanical which would ren der it eligible for a | |
316 | + | salvage title pursuant to law or if the vehicle is | |
317 | + | sold and transferred in this state at any time prior | |
318 | + | to the expiration of twelve (12) m onths: | |
314 | 319 | ||
315 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 7 1 | |
320 | + | SB576 HFLR Page 7 | |
321 | + | BOLD FACE denotes Committee Amendments. 1 | |
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340 | - | salvage title pursuant to law or if the vehicle is | |
341 | - | sold and transferred in this state at any time prior | |
342 | - | to the expiration of twelve (12) m onths: | |
343 | 346 | (1) to the manufacturer o f the vehicle or its | |
344 | 347 | controlled financing arm, or | |
345 | 348 | (2) to a factory authorized franchised new motor | |
346 | 349 | vehicle dealer which holds a franchise of the | |
347 | 350 | same line-make of the vehicle being purchased, or | |
348 | 351 | d. when this exemption is cla imed, the Tax Commission | |
349 | 352 | shall issue a special title which shall restrict the | |
350 | 353 | transfer of the title only within this state prior to | |
351 | 354 | the expiration of twelve (12) months unless: | |
352 | 355 | (1) payment of the excise tax plus penalty as | |
353 | 356 | provided in this section is made, | |
354 | 357 | (2) the sale is made to a perso n specified in | |
355 | 358 | division (1) or (2) of sub paragraph c of this | |
356 | 359 | paragraph, or | |
357 | 360 | (3) the vehicle is eligible for a salvage title. | |
358 | 361 | For all other tax purposes vehicles herein exempted shall be | |
359 | 362 | treated as though the excise tax has be en paid; | |
360 | 363 | 11. Any vehicle of the latest manufactured model, registered | |
361 | 364 | from a title in the name of the original manufacturer or assigned to | |
362 | 365 | the original manufacturer and issued by any state and transferred t o | |
363 | 366 | a licensed, franchised Oklahoma motor vehicle d ealer, as defined by | |
367 | + | Section 1102 of Title 47 of the Oklahoma Statutes, w hich holds a | |
368 | + | franchise of the same line-make as the vehicle being registered; | |
364 | 369 | ||
365 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 8 1 | |
370 | + | SB576 HFLR Page 8 | |
371 | + | BOLD FACE denotes Committee Amendments. 1 | |
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389 | 395 | ||
390 | - | Section 1102 of Title 47 of the Oklahoma Statutes, w hich holds a | |
391 | - | franchise of the same line-make as the vehicle being registered; | |
392 | 396 | 12. Any new motor vehicle, regi stered in the name of a | |
393 | 397 | manufacturer or dealer of new motor vehicles, for which a license | |
394 | 398 | plate has been issued pursuant to Section 1116.1 of Titl e 47 of the | |
395 | 399 | Oklahoma Statutes, if such vehicle is authorized by the manufacturer | |
396 | 400 | or dealer for personal use by an individual. The aut horization for | |
397 | 401 | such use shall not exceed four (4) months which shall not be renew ed | |
398 | 402 | or the exemption provided by this subs ection shall not be | |
399 | 403 | applicable. The exemption provided by this subsection shall not be | |
400 | 404 | applicable to a transf er of ownership or regis tration subsequent to | |
401 | 405 | the first registration of t he vehicle by a manufacturer or dealer; | |
402 | 406 | 13. Any vehicle, travel trailer, or commercial trailer of the | |
403 | 407 | latest manufacturer model purchased by a franchised Oklahoma dealer | |
404 | 408 | licensed to sell the same which hold s a franchise of the same line- | |
405 | 409 | make as the vehicle, travel trailer, or commercial trailer being | |
406 | 410 | registered; | |
407 | 411 | 14. Any vehicle which is the subject of a lease or lease- | |
408 | 412 | purchase agreement and which the ownership of such vehicle is bein g | |
409 | 413 | obtained by the lessee , if the vehicle excise tax was paid at the | |
410 | 414 | time of the initial lease or lease -purchase agreement; | |
411 | 415 | 15. Any vehicle which: | |
412 | 416 | a. is purchased by a private, nonprofit organization | |
413 | 417 | which is exempt from taxation pursuant to the | |
418 | + | provisions of Section 501(c)(3) of the Internal | |
419 | + | Revenue Code, 26 U.S.C., Section 50 1(c)(3), and which | |
414 | 420 | ||
415 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 9 1 | |
421 | + | SB576 HFLR Page 9 | |
422 | + | BOLD FACE denotes Committee Amendments. 1 | |
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439 | 446 | ||
440 | - | provisions of Section 501(c)(3) of the Internal | |
441 | - | Revenue Code, 26 U.S.C., Section 50 1(c)(3), and which | |
442 | 447 | is primarily funded by a fraternal or civic service | |
443 | 448 | organization with at leas t one hundred local chapters | |
444 | 449 | or clubs, and | |
445 | 450 | b. is designed and used to provide mobile he alth | |
446 | 451 | screening services to the general public at no cost to | |
447 | 452 | the recipient, and for which no reimbursement of any | |
448 | 453 | kind is received from any health insurance provider, | |
449 | 454 | health maintenance organization, or governmental | |
450 | 455 | program; | |
451 | 456 | 16. Any vehicle which is purcha sed by an individual who has | |
452 | 457 | been honorably discharged from active servic e in any branch of the | |
453 | 458 | Armed Forces of the United States or Oklahoma Nati onal Guard and who | |
454 | 459 | has been certified by the United States Department of Veterans | |
455 | 460 | Affairs, its successor, or t he Armed Forces of the U nited States to | |
456 | 461 | be a disabled veteran in receipt of compensation at the one -hundred- | |
457 | 462 | percent rate for a permanent disabilit y sustained through mil itary | |
458 | 463 | action or accident resulting from disease contracted while in such | |
459 | 464 | active service and registered with the veterans registry created by | |
460 | 465 | the Oklahoma Department of Veterans Affairs; provid ed, that if the | |
461 | 466 | veteran has previously re ceived exemption pursua nt to this | |
462 | 467 | paragraph, no registration with the veterans registry shall be | |
463 | 468 | required. This exemption may not be claimed by an individual for | |
469 | + | more than one vehicl e in a consecutive three -year period, unless the | |
470 | + | vehicle is a replacement for a vehicle which wa s destroyed and | |
464 | 471 | ||
465 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 10 1 | |
472 | + | SB576 HFLR Page 10 | |
473 | + | BOLD FACE denotes Committee Amendments. 1 | |
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490 | - | more than one vehicl e in a consecutive three -year period, unless the | |
491 | - | vehicle is a replacement for a vehicle which wa s destroyed and | |
492 | 498 | declared by the insurer to be a total loss claim. The Tax | |
493 | 499 | Commission shall promulgate any rule s necessary to implement the | |
494 | 500 | provisions of this s ection; or | |
495 | 501 | 17. Any vehicle on w hich ownership is transferred by a | |
496 | 502 | repossessor directly back to the owner or owners from whom the | |
497 | 503 | vehicle was repossessed; provided, ownership shall be assigned by | |
498 | 504 | the repossessor within thirty (30) days of issuance of the | |
499 | 505 | repossession title and shall be i dentical to that reflected in the | |
500 | 506 | vehicle title record immediate ly prior to the repossession; or | |
501 | 507 | 18. Any vehicle approved by Service Oklahoma for the issuance | |
502 | 508 | of a foreign export certificate of title, as provided in Section | |
503 | 509 | 1105 of Title 47 of the Oklahoma Statutes. | |
504 | 510 | SECTION 2. AMENDATORY 47 O.S. 2021, Section 1105, as | |
505 | 511 | last amended by Section 110, Chapter 282, O.S.L. 2022 (47 O.S. Supp. | |
506 | 512 | 2022, Section 1105), is amended to read as follows: | |
507 | 513 | Section 1105. A. As used in the Oklahoma Vehicle License and | |
508 | 514 | Registration Act: | |
509 | 515 | 1. “Salvage vehicle” means any vehicle which is within the last | |
510 | 516 | ten (10) model years and which has been damaged by collision or | |
511 | 517 | other occurrence to the extent that the cost of repairing the | |
512 | 518 | vehicle for safe operation on the highway exceeds sixty percent | |
513 | 519 | (60%) of its fair market value, as defined by Section 1111 of this | |
520 | + | title, immediately prior to the damage. For purposes of this | |
521 | + | section, actual repair costs shall only include labor and parts for | |
514 | 522 | ||
515 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 11 1 | |
523 | + | SB576 HFLR Page 11 | |
524 | + | BOLD FACE denotes Committee Amendments. 1 | |
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528 | 537 | 14 | |
529 | 538 | 15 | |
530 | 539 | 16 | |
531 | 540 | 17 | |
532 | 541 | 18 | |
533 | 542 | 19 | |
534 | 543 | 20 | |
535 | 544 | 21 | |
536 | 545 | 22 | |
537 | 546 | 23 | |
538 | 547 | 24 | |
539 | 548 | ||
540 | - | title, immediately prior to the damage. For purposes of this | |
541 | - | section, actual repair costs shall only include labor and parts for | |
542 | 549 | actual damage to the suspension, motor, transmission, frame or | |
543 | 550 | unibody and designated structural components; | |
544 | 551 | 2. “Rebuilt vehicle” means any salvage vehicle which has been | |
545 | 552 | rebuilt and inspected for the purpose of registration and title; | |
546 | 553 | 3. “Flood-damaged vehicle” means a salvage or rebuilt vehicle | |
547 | 554 | which was damaged by flooding or a vehicle which was submerged at a | |
548 | 555 | level to or above the dashboard of the vehicle and on which an | |
549 | 556 | amount of loss was paid by the insurer; | |
550 | 557 | 4. “Unrecovered-theft vehicle” means a vehicle which has been | |
551 | 558 | stolen and not yet recovered; | |
552 | 559 | 5. “Recovered-theft vehicle” means a vehicle, including a | |
553 | 560 | salvage or rebuilt vehicle, which was recovered from a theft; and | |
554 | 561 | 6. “Junked vehicle” means any vehicle which is incapable of | |
555 | 562 | operation or use on the highway, has no resale value except as a | |
556 | 563 | source of parts or scrap and has an eighty percent (80%) loss in | |
557 | 564 | fair market value; and | |
558 | 565 | 7. “Foreign export vehicle ” means any motor vehicle purchased | |
559 | 566 | by an individual or entity doing business i n this state if the | |
560 | 567 | vehicle is contracted to be shipped to a destination outsid e of the | |
561 | 568 | United States or its territories or its tribal lands, as defined in | |
562 | 569 | 25 U.S.C., Section 300 1(15), within one hundred twenty (120) days of | |
563 | 570 | purchase. | |
571 | + | B. The owner of every vehicle in this state shall possess a | |
572 | + | certificate of title as proof of ownership of such vehicle, except | |
564 | 573 | ||
565 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 12 1 | |
574 | + | SB576 HFLR Page 12 | |
575 | + | BOLD FACE denotes Committee Amendments. 1 | |
566 | 576 | 2 | |
567 | 577 | 3 | |
568 | 578 | 4 | |
569 | 579 | 5 | |
570 | 580 | 6 | |
571 | 581 | 7 | |
572 | 582 | 8 | |
573 | 583 | 9 | |
574 | 584 | 10 | |
575 | 585 | 11 | |
576 | 586 | 12 | |
577 | 587 | 13 | |
578 | 588 | 14 | |
579 | 589 | 15 | |
580 | 590 | 16 | |
581 | 591 | 17 | |
582 | 592 | 18 | |
583 | 593 | 19 | |
584 | 594 | 20 | |
585 | 595 | 21 | |
586 | 596 | 22 | |
587 | 597 | 23 | |
588 | 598 | 24 | |
589 | 599 | ||
590 | - | B. The owner of every vehicle in this state shall possess a | |
591 | - | certificate of title as proof of ownership of such vehicle, except | |
592 | 600 | those vehicles registered pursuant to Section 1120 of this title and | |
593 | 601 | trailers registered pursuant to Section 1133 of this title, | |
594 | 602 | previously titled by anyone in another state and engaged in | |
595 | 603 | interstate commerce, and except as provided in subsection M of this | |
596 | 604 | section. Except for owners that possess an agricultural exemption | |
597 | 605 | permit pursuant to Section 1358.1 of Title 68 of the Oklahoma | |
598 | 606 | Statutes, the owner of an all-terrain vehicle or a motorcycle used | |
599 | 607 | exclusively off roads or highways in this state which is purchased | |
600 | 608 | or the ownership of which is transferred on or after July 1, 2005, | |
601 | 609 | and the owner of a utility vehicle used exclusively off roads and | |
602 | 610 | highways in this state which is purchased or the ownership of which | |
603 | 611 | is transferred on or after July 1, 2008, shall possess a certificate | |
604 | 612 | of title as proof of ownership. Any person possessing an | |
605 | 613 | agricultural exemption permit and owning an all-terrain vehicle or a | |
606 | 614 | motorcycle used exclusively off roads or highways in this state | |
607 | 615 | which is purchased or the ownership of which is transferred on or | |
608 | 616 | after July 1, 2008, shall possess a certificate of title as proof of | |
609 | 617 | ownership. Upon receipt of proper application information by such | |
610 | 618 | owner, Service Oklahoma shall issue an original or transfer | |
611 | 619 | certificate of title. Until July 1, 2008, any security interest in | |
612 | 620 | an all-terrain vehicle that attached and was perfected before July | |
613 | 621 | 1, 2005, and that has not otherwise terminated shall remain | |
622 | + | perfected, and shall take priority over any subsequently perfe cted | |
623 | + | security interest in the same all-terrain vehicle, notwithstanding | |
614 | 624 | ||
615 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 13 1 | |
625 | + | SB576 HFLR Page 13 | |
626 | + | BOLD FACE denotes Committee Amendments. 1 | |
616 | 627 | 2 | |
617 | 628 | 3 | |
618 | 629 | 4 | |
619 | 630 | 5 | |
620 | 631 | 6 | |
621 | 632 | 7 | |
622 | 633 | 8 | |
623 | 634 | 9 | |
624 | 635 | 10 | |
625 | 636 | 11 | |
626 | 637 | 12 | |
627 | 638 | 13 | |
628 | 639 | 14 | |
629 | 640 | 15 | |
630 | 641 | 16 | |
631 | 642 | 17 | |
632 | 643 | 18 | |
633 | 644 | 19 | |
634 | 645 | 20 | |
635 | 646 | 21 | |
636 | 647 | 22 | |
637 | 648 | 23 | |
638 | 649 | 24 | |
639 | 650 | ||
640 | - | perfected, and shall take priority over any subsequently perfe cted | |
641 | - | security interest in the same all-terrain vehicle, notwithstanding | |
642 | 651 | that a certificate of title may have been issued with respect to the | |
643 | 652 | same all-terrain vehicle on or after July 1, 2005, and that a lien | |
644 | 653 | may have been recorded on said the certificate of title. There | |
645 | 654 | shall be eight nine types of certificates of title: | |
646 | 655 | 1. Original title for any motor vehicle which is not a | |
647 | 656 | remanufactured, salvage, unrecovered-theft, rebuilt, rebodied, | |
648 | 657 | foreign export, or junked vehicle; | |
649 | 658 | 2. Salvage title for any motor vehicle which is a salvage | |
650 | 659 | vehicle or is specified as a salvage vehicle or the equivalent | |
651 | 660 | thereof on a certificate of title from another state; | |
652 | 661 | 3. Rebuilt title for any motor vehicle which is a rebuilt | |
653 | 662 | vehicle; | |
654 | 663 | 4. Junked title for any motor vehicle which is a junked vehicle | |
655 | 664 | or is specified as a junked vehicle or the equivalent thereof on a | |
656 | 665 | certificate of title from another state; | |
657 | 666 | 5. Classic title for any motor vehicle, except a junked | |
658 | 667 | vehicle, which is twenty-five (25) model years or older; | |
659 | 668 | 6. Remanufactured title for any vehicle which is a | |
660 | 669 | remanufactured vehicle; | |
661 | 670 | 7. Unrecovered-theft title for any motor vehicle which has been | |
662 | 671 | stolen and not recovered; and | |
672 | + | 8. Rebodied title for any motor vehicle which is a rebodied | |
673 | + | vehicle; and | |
663 | 674 | ||
664 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 14 1 | |
675 | + | SB576 HFLR Page 14 | |
676 | + | BOLD FACE denotes Committee Amendments. 1 | |
665 | 677 | 2 | |
666 | 678 | 3 | |
667 | 679 | 4 | |
668 | 680 | 5 | |
669 | 681 | 6 | |
670 | 682 | 7 | |
671 | 683 | 8 | |
672 | 684 | 9 | |
673 | 685 | 10 | |
674 | 686 | 11 | |
675 | 687 | 12 | |
676 | 688 | 13 | |
677 | 689 | 14 | |
678 | 690 | 15 | |
679 | 691 | 16 | |
680 | 692 | 17 | |
681 | 693 | 18 | |
682 | 694 | 19 | |
683 | 695 | 20 | |
684 | 696 | 21 | |
685 | 697 | 22 | |
686 | 698 | 23 | |
687 | 699 | 24 | |
688 | 700 | ||
689 | - | 8. Rebodied title for any motor vehicle which is a rebodied | |
690 | - | vehicle; and | |
691 | 701 | 9. Foreign export title for any foreign export vehicle. | |
692 | 702 | Service Oklahoma shall prescribe a form to be completed and | |
693 | 703 | submitted under oath together with the purchase contract for the | |
694 | 704 | vehicle and proof of commitment to ship the vehicle by common | |
695 | 705 | carrier vessel, air, rail, or any other commo n carrier for hire. | |
696 | 706 | Upon approval by Service Oklahoma and payment of the required | |
697 | 707 | certificate of title fee, Service Oklahoma shall issue a foreign | |
698 | 708 | export certificate of title. | |
699 | 709 | Application for a certificate of title, whether the initial | |
700 | 710 | certificate of title or a duplicate, may be made to Service Oklahoma | |
701 | 711 | or any licensed operator. When application is made with a licensed | |
702 | 712 | operator, the application information shall be transmitted either | |
703 | 713 | electronically or by mail to Service Oklahoma by the licensed | |
704 | 714 | operator. If the application information is transmitted | |
705 | 715 | electronically, the licensed operator shall forward the required | |
706 | 716 | application along with evidence of ownership, where required, by | |
707 | 717 | mail. Where the transmission of application information cannot be | |
708 | 718 | performed electronically, Service Oklahoma is authorized to provide | |
709 | 719 | postage paid envelopes to licensed operators for the purpose of | |
710 | 720 | mailing the application along with evidence of ownership, where | |
711 | 721 | required. Service Oklahoma shall upon receipt of proper application | |
712 | 722 | information issue an Oklahoma certificate of title. The | |
723 | + | certificates may be mailed to the applicant. Upon issuance of a | |
713 | 724 | ||
714 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 15 1 | |
725 | + | SB576 HFLR Page 15 | |
726 | + | BOLD FACE denotes Committee Amendments. 1 | |
715 | 727 | 2 | |
716 | 728 | 3 | |
717 | 729 | 4 | |
718 | 730 | 5 | |
719 | 731 | 6 | |
720 | 732 | 7 | |
721 | 733 | 8 | |
722 | 734 | 9 | |
723 | 735 | 10 | |
724 | 736 | 11 | |
725 | 737 | 12 | |
726 | 738 | 13 | |
727 | 739 | 14 | |
728 | 740 | 15 | |
729 | 741 | 16 | |
730 | 742 | 17 | |
731 | 743 | 18 | |
732 | 744 | 19 | |
733 | 745 | 20 | |
734 | 746 | 21 | |
735 | 747 | 22 | |
736 | 748 | 23 | |
737 | 749 | 24 | |
738 | 750 | ||
739 | - | certificates may be mailed to the applicant. Upon issuance of a | |
740 | 751 | certificate of title, Service Oklahoma shall provide the appropriate | |
741 | 752 | licensed operator with confirmation of such issuance. | |
742 | 753 | C. 1. The application for certificate of title shall be upon a | |
743 | 754 | blank form furnished by Service Oklahoma, containing: | |
744 | 755 | a. a full description of the vehicle, | |
745 | 756 | b. the manufacturer’s serial or other identification | |
746 | 757 | number, | |
747 | 758 | c. the motor number and the date on which first sold by | |
748 | 759 | the manufacturer or dealer to the owner, | |
749 | 760 | d. any distinguishing marks, | |
750 | 761 | e. a statement of the applicant’s source of title, | |
751 | 762 | f. any security interest upon the vehicle, and | |
752 | 763 | g. such other information as Service Oklahoma may | |
753 | 764 | require. | |
754 | 765 | 2. The application for a certificate of title for a vehicle | |
755 | 766 | which is within the last seven (7) model years shall require a | |
756 | 767 | declaration as to whether the vehicle has been damaged by collision | |
757 | 768 | or other occurrence and whether the vehicle has been recovered from | |
758 | 769 | theft and the extent of the damage to the vehicle. The declaration | |
759 | 770 | shall be made by the owner of a vehicle if: | |
760 | 771 | a. the vehicle has been damaged or stolen, | |
761 | 772 | b. the owner did or did not receive any payment for the | |
762 | 773 | loss from an insurer, or | |
763 | 774 | ||
764 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 16 1 | |
775 | + | SB576 HFLR Page 16 | |
776 | + | BOLD FACE denotes Committee Amendments. 1 | |
765 | 777 | 2 | |
766 | 778 | 3 | |
767 | 779 | 4 | |
768 | 780 | 5 | |
769 | 781 | 6 | |
770 | 782 | 7 | |
771 | 783 | 8 | |
772 | 784 | 9 | |
773 | 785 | 10 | |
774 | 786 | 11 | |
775 | 787 | 12 | |
776 | 788 | 13 | |
777 | 789 | 14 | |
778 | 790 | 15 | |
779 | 791 | 16 | |
780 | 792 | 17 | |
781 | 793 | 18 | |
782 | 794 | 19 | |
783 | 795 | 20 | |
784 | 796 | 21 | |
785 | 797 | 22 | |
786 | 798 | 23 | |
787 | 799 | 24 | |
788 | 800 | ||
789 | 801 | c. the vehicle is titled or registered in a state that | |
790 | 802 | does not classify the vehicle or brand the title | |
791 | 803 | because of damage to or loss of the vehicle similar to | |
792 | 804 | the classifications or brands utilized by this state. | |
793 | 805 | The declaration shall be based upon the best information and | |
794 | 806 | knowledge of the owner and shall be in addition to the requirements | |
795 | 807 | specified in paragraph 1 of this subsection. Service Oklahoma shall | |
796 | 808 | not issue a certificate of title for a vehicle which is subject to | |
797 | 809 | the provisions of this paragraph without the required declaration, | |
798 | 810 | completed and signed by the owner of the vehicle. Upon receipt of | |
799 | 811 | an application without the properly completed declaration, Service | |
800 | 812 | Oklahoma shall return the application to the applicant with notice | |
801 | 813 | that the title may not be issued without the required declaration. | |
802 | 814 | Nothing in this paragraph shall prohibit Service Oklahoma from | |
803 | 815 | recognizing the type of or brand on a title or other ownership | |
804 | 816 | document issued by another state or the inspection conducted in | |
805 | 817 | another state and issuing the appropriate certificate of title for | |
806 | 818 | the vehicle. | |
807 | 819 | 3. The certificate of title shall have the following security | |
808 | 820 | features: | |
809 | 821 | a. intaglio printing or security thread, with or without | |
810 | 822 | watermark, | |
811 | 823 | b. latent images, | |
812 | 824 | c. fluorescent inks, | |
813 | 825 | ||
814 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 17 1 | |
826 | + | SB576 HFLR Page 17 | |
827 | + | BOLD FACE denotes Committee Amendments. 1 | |
815 | 828 | 2 | |
816 | 829 | 3 | |
817 | 830 | 4 | |
818 | 831 | 5 | |
819 | 832 | 6 | |
820 | 833 | 7 | |
821 | 834 | 8 | |
822 | 835 | 9 | |
823 | 836 | 10 | |
824 | 837 | 11 | |
825 | 838 | 12 | |
826 | 839 | 13 | |
827 | 840 | 14 | |
828 | 841 | 15 | |
829 | 842 | 16 | |
830 | 843 | 17 | |
831 | 844 | 18 | |
832 | 845 | 19 | |
833 | 846 | 20 | |
834 | 847 | 21 | |
835 | 848 | 22 | |
836 | 849 | 23 | |
837 | 850 | 24 | |
838 | 851 | ||
839 | 852 | d. micro print, | |
840 | 853 | e. void background, and | |
841 | 854 | f. color coding. | |
842 | 855 | 4. Each title issued pursuant to the provisions of the Oklahoma | |
843 | 856 | Vehicle License and Registration Act shall be color coded as | |
844 | 857 | determined by Service Oklahoma. | |
845 | 858 | 5. The certificate of title shall be of such size and design | |
846 | 859 | and color as Service Oklahoma may direct pursuant to the provisions | |
847 | 860 | of this section. The title shall be on colored paper or other | |
848 | 861 | material as designated by Service Oklahoma and be of such intensity | |
849 | 862 | or hue as will allow easy identification as to whether the title is | |
850 | 863 | an original title, a salvage title, a rebuilt title, remanufactured | |
851 | 864 | title, rebodied title, foreign export title, or a junked title. The | |
852 | 865 | type of title shall be identified on the front of the certificate of | |
853 | 866 | title. The original title, rebuilt title, remanufactured title, an | |
854 | 867 | unrecovered-theft title, rebodied title, foreign export title, or | |
855 | 868 | classic title shall be identified by the word “Original”, “Rebuilt”, | |
856 | 869 | “Remanufactured”, “Unrecovered Theft”, “Rebodied”, “Foreign Export”, | |
857 | 870 | or “Classic” printed in the upper right quadrant of the certificate | |
858 | 871 | of title, in the space which is currently captioned “type of title”. | |
859 | 872 | A rebodied title shall also identify on the front of the title the | |
860 | 873 | year, make and model of the originally manufactured vehicle which | |
861 | 874 | has been rebodied and display a notation that reads as follows: | |
862 | 875 | ||
863 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 18 1 | |
876 | + | SB576 HFLR Page 18 | |
877 | + | BOLD FACE denotes Committee Amendments. 1 | |
864 | 878 | 2 | |
865 | 879 | 3 | |
866 | 880 | 4 | |
867 | 881 | 5 | |
868 | 882 | 6 | |
869 | 883 | 7 | |
870 | 884 | 8 | |
871 | 885 | 9 | |
872 | 886 | 10 | |
873 | 887 | 11 | |
874 | 888 | 12 | |
875 | 889 | 13 | |
876 | 890 | 14 | |
877 | 891 | 15 | |
878 | 892 | 16 | |
879 | 893 | 17 | |
880 | 894 | 18 | |
881 | 895 | 19 | |
882 | 896 | 20 | |
883 | 897 | 21 | |
884 | 898 | 22 | |
885 | 899 | 23 | |
886 | 900 | 24 | |
887 | 901 | ||
888 | 902 | “This vehicle has been assembled with new major components licensed | |
889 | 903 | by the original manufacturer.” | |
890 | 904 | D. 1. To obtain an original certificate of title for a vehicle | |
891 | 905 | that is being registered for the first time in this state which has | |
892 | 906 | not been previously registered in any other state, the applicant | |
893 | 907 | shall be required to deliver, as evidence of ownership, a | |
894 | 908 | manufacturer’s certificate of origin properly assigned by the | |
895 | 909 | manufacturer, distributor, or dealer licensed in this or any other | |
896 | 910 | state shown thereon to be the last transferee to the applicant upon | |
897 | 911 | a form to be prescribed and approved by Service Oklahoma. A | |
898 | 912 | manufacturer’s certificate of origin shall contain: | |
899 | 913 | a. the manufacturer’s serial or other identification | |
900 | 914 | number, | |
901 | 915 | b. date on which first sold by the manufacturer to the | |
902 | 916 | dealer, | |
903 | 917 | c. any distinguishing marks including model and the year | |
904 | 918 | same was made, | |
905 | 919 | d. a statement of any security interests upon the | |
906 | 920 | vehicle, and | |
907 | 921 | e. such other information as Service Oklahoma may | |
908 | 922 | require. | |
909 | 923 | 2. The manufacturer’s certificate of origin shall have the | |
910 | 924 | following security features: | |
911 | 925 | ||
912 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 19 1 | |
926 | + | SB576 HFLR Page 19 | |
927 | + | BOLD FACE denotes Committee Amendments. 1 | |
913 | 928 | 2 | |
914 | 929 | 3 | |
915 | 930 | 4 | |
916 | 931 | 5 | |
917 | 932 | 6 | |
918 | 933 | 7 | |
919 | 934 | 8 | |
920 | 935 | 9 | |
921 | 936 | 10 | |
922 | 937 | 11 | |
923 | 938 | 12 | |
924 | 939 | 13 | |
925 | 940 | 14 | |
926 | 941 | 15 | |
927 | 942 | 16 | |
928 | 943 | 17 | |
929 | 944 | 18 | |
930 | 945 | 19 | |
931 | 946 | 20 | |
932 | 947 | 21 | |
933 | 948 | 22 | |
934 | 949 | 23 | |
935 | 950 | 24 | |
936 | 951 | ||
937 | 952 | a. intaglio printing or security thread, with or without | |
938 | 953 | watermark, | |
939 | 954 | b. latent images, | |
940 | 955 | c. fluorescent inks, | |
941 | 956 | d. micro print, and | |
942 | 957 | e. void background. | |
943 | 958 | E. In the absence of a dealer’s or manufacturer’s number, | |
944 | 959 | Service Oklahoma may assign such identifying number to the vehicle, | |
945 | 960 | which shall be permanently stamped, burned, or pressed or attached | |
946 | 961 | into the vehicle, and a certificate of title shall be delivered to | |
947 | 962 | the applicant upon payment of all fees and taxes, and the remaining | |
948 | 963 | copies shall be permanently filed and indexed by Service Oklahoma. | |
949 | 964 | Service Oklahoma shall assign an identifying number to any rebuilt | |
950 | 965 | vehicle if the vehicle identification number displayed on the | |
951 | 966 | rebuilt vehicle does not accurately describe the vehicle as rebuilt. | |
952 | 967 | The licensed operator, at the time of inspection of the rebuilt | |
953 | 968 | vehicle pursuant to Section 1111 of this title, shall identify the | |
954 | 969 | make, model, and year for the body to accurately describe the | |
955 | 970 | rebuilt vehicle. At the time of the inspection, an appropriate | |
956 | 971 | identifying number shall be permanently stamped, burned, pressed, or | |
957 | 972 | attached on the rebuilt vehicle. The assigned identifying number | |
958 | 973 | shall be recorded on the certificate of title for the rebuilt | |
959 | 974 | vehicle. The dealer’s or manufacturer’s vehicle identification | |
960 | 975 | ||
961 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 20 1 | |
976 | + | SB576 HFLR Page 20 | |
977 | + | BOLD FACE denotes Committee Amendments. 1 | |
962 | 978 | 2 | |
963 | 979 | 3 | |
964 | 980 | 4 | |
965 | 981 | 5 | |
966 | 982 | 6 | |
967 | 983 | 7 | |
968 | 984 | 8 | |
969 | 985 | 9 | |
970 | 986 | 10 | |
971 | 987 | 11 | |
972 | 988 | 12 | |
973 | 989 | 13 | |
974 | 990 | 14 | |
975 | 991 | 15 | |
976 | 992 | 16 | |
977 | 993 | 17 | |
978 | 994 | 18 | |
979 | 995 | 19 | |
980 | 996 | 20 | |
981 | 997 | 21 | |
982 | 998 | 22 | |
983 | 999 | 23 | |
984 | 1000 | 24 | |
985 | 1001 | ||
986 | 1002 | number on the rebuilt vehicle shall be preserved in the computer | |
987 | 1003 | files of Service Oklahoma for at least five (5) years. | |
988 | 1004 | F. When registering for the first time in this state a vehicle | |
989 | 1005 | which was not originally manufactured for sale in the United States, | |
990 | 1006 | to obtain a certificate of title, Service Oklahoma shall require the | |
991 | 1007 | applicant to deliver: | |
992 | 1008 | 1. As evidence of ownership, if the vehicle has not previously | |
993 | 1009 | been titled in the United States, the documents constituting valid | |
994 | 1010 | proof of ownership in the country in which the vehicle was | |
995 | 1011 | originally purchased, together with a notarized translation of any | |
996 | 1012 | such documents; and | |
997 | 1013 | 2. As evidence of compliance with federal law, copies of the | |
998 | 1014 | bond release letters for the vehicle issued by the United States | |
999 | 1015 | Environmental Protection Agency and the United States Department of | |
1000 | 1016 | Transportation, together with a receipt issued by the Internal | |
1001 | 1017 | Revenue Service indicating that the applicable federal gas guzzler | |
1002 | 1018 | tax has been paid. | |
1003 | 1019 | Service Oklahoma shall not issue a certificate of title for a | |
1004 | 1020 | vehicle which is subject to the provisions of this paragraph without | |
1005 | 1021 | the required documentation from agencies of the United States and | |
1006 | 1022 | evidence of ownership. Upon receipt of an application without the | |
1007 | 1023 | required documentation, Service Oklahoma shall return the | |
1008 | 1024 | application to the applicant with notice that the certificate of | |
1009 | 1025 | title may not be issued without the required documentation. Nothing | |
1010 | 1026 | ||
1011 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 21 1 | |
1027 | + | SB576 HFLR Page 21 | |
1028 | + | BOLD FACE denotes Committee Amendments. 1 | |
1012 | 1029 | 2 | |
1013 | 1030 | 3 | |
1014 | 1031 | 4 | |
1015 | 1032 | 5 | |
1016 | 1033 | 6 | |
1017 | 1034 | 7 | |
1018 | 1035 | 8 | |
1019 | 1036 | 9 | |
1020 | 1037 | 10 | |
1021 | 1038 | 11 | |
1022 | 1039 | 12 | |
1023 | 1040 | 13 | |
1024 | 1041 | 14 | |
1025 | 1042 | 15 | |
1026 | 1043 | 16 | |
1027 | 1044 | 17 | |
1028 | 1045 | 18 | |
1029 | 1046 | 19 | |
1030 | 1047 | 20 | |
1031 | 1048 | 21 | |
1032 | 1049 | 22 | |
1033 | 1050 | 23 | |
1034 | 1051 | 24 | |
1035 | 1052 | ||
1036 | 1053 | in this paragraph shall prohibit Service Oklahoma from issuing | |
1037 | 1054 | certificates of title for antique or classic vehicles not driven | |
1038 | 1055 | upon the public streets, roads, or highways, for mini-trucks | |
1039 | 1056 | registered pursuant to Section 1151.3 of this title, or for medium- | |
1040 | 1057 | speed electric vehicles. | |
1041 | 1058 | G. When registering in this state a vehicle which was titled in | |
1042 | 1059 | another state and which title contains the name of a secured party | |
1043 | 1060 | on the face of the other state certificate of title, or such state | |
1044 | 1061 | certificate is being held by the secured party in that state or any | |
1045 | 1062 | other state, Service Oklahoma or the licensed operator shall | |
1046 | 1063 | complete a lien entry form as prescribed by Service Oklahoma. The | |
1047 | 1064 | owner of such vehicle shall file an affidavit with Service Oklahoma | |
1048 | 1065 | or the licensed operator stating that title to the vehicle is being | |
1049 | 1066 | held by a secured party, has not been issued pursuant to the laws of | |
1050 | 1067 | the state where titled, and that there is an existing lien or | |
1051 | 1068 | encumbrance on the vehicle. The current name and address of the | |
1052 | 1069 | secured party or lienholder shall also be stated in the affidavit. | |
1053 | 1070 | The form of the affidavit shall be prescribed by Service Oklahoma | |
1054 | 1071 | and contain any other information deemed necessary by Service | |
1055 | 1072 | Oklahoma. A statement of the lien or encumbrance shall be included | |
1056 | 1073 | on the Oklahoma certificate of title and the lien or encumbrance | |
1057 | 1074 | shall be deemed continuously perfected as though it had been | |
1058 | 1075 | perfected pursuant to Section 1110 of this title. For completing | |
1059 | 1076 | the lien entry form and recording the security interest on the | |
1060 | 1077 | ||
1061 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 22 1 | |
1078 | + | SB576 HFLR Page 22 | |
1079 | + | BOLD FACE denotes Committee Amendments. 1 | |
1062 | 1080 | 2 | |
1063 | 1081 | 3 | |
1064 | 1082 | 4 | |
1065 | 1083 | 5 | |
1066 | 1084 | 6 | |
1067 | 1085 | 7 | |
1068 | 1086 | 8 | |
1069 | 1087 | 9 | |
1070 | 1088 | 10 | |
1071 | 1089 | 11 | |
1072 | 1090 | 12 | |
1073 | 1091 | 13 | |
1074 | 1092 | 14 | |
1075 | 1093 | 15 | |
1076 | 1094 | 16 | |
1077 | 1095 | 17 | |
1078 | 1096 | 18 | |
1079 | 1097 | 19 | |
1080 | 1098 | 20 | |
1081 | 1099 | 21 | |
1082 | 1100 | 22 | |
1083 | 1101 | 23 | |
1084 | 1102 | 24 | |
1085 | 1103 | ||
1086 | 1104 | certificate of title, Service Oklahoma or the licensed operator | |
1087 | 1105 | shall collect a fee of Three Dollars ($3.00) which shall be in | |
1088 | 1106 | addition to other fees provided by the Oklahoma Vehicle License and | |
1089 | 1107 | Registration Act. The fee, if collected by the licensed operator | |
1090 | 1108 | pursuant to this subsection, shall be retained by the licensed | |
1091 | 1109 | operator. | |
1092 | 1110 | H. The charge for each certificate of title issued, except for | |
1093 | 1111 | junked titles as defined in paragraph 4 of subsection B of this | |
1094 | 1112 | section and foreign export titles, shall be Eleven Dollars ($11.0 0), | |
1095 | 1113 | which charge shall be in addition to any other fees or taxes imposed | |
1096 | 1114 | by law for such vehicle. One Dollar ($1.00) of each such charge | |
1097 | 1115 | shall be deposited in the Oklahoma Tax Commission Reimbursement Fund | |
1098 | 1116 | through December 31, 2022, and beginning January 1, 2023, it shall | |
1099 | 1117 | be deposited in the Service Oklahoma Reimbursement Fund. However, | |
1100 | 1118 | the charge shall not apply to any vehicle which is to be registered | |
1101 | 1119 | in this state pursuant to the provisions of Section 1120 or 1133 of | |
1102 | 1120 | this title and which was registered in another state at least sixty | |
1103 | 1121 | (60) days prior to the time it is required to be registered in this | |
1104 | 1122 | state. When an insurer requests a salvage or junk title in the name | |
1105 | 1123 | of the insurer resulting from the settlement of a total loss claim | |
1106 | 1124 | and upon presentation of appropriate proof of loss documentation as | |
1107 | 1125 | required by Service Oklahoma, such transfer may be processed as one | |
1108 | 1126 | title transaction, without first requiring issuance of a replacement | |
1109 | 1127 | certificate of title in the name of the vehicle owner. The fee | |
1110 | 1128 | ||
1111 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 23 1 | |
1129 | + | SB576 HFLR Page 23 | |
1130 | + | BOLD FACE denotes Committee Amendments. 1 | |
1112 | 1131 | 2 | |
1113 | 1132 | 3 | |
1114 | 1133 | 4 | |
1115 | 1134 | 5 | |
1116 | 1135 | 6 | |
1117 | 1136 | 7 | |
1118 | 1137 | 8 | |
1119 | 1138 | 9 | |
1120 | 1139 | 10 | |
1121 | 1140 | 11 | |
1122 | 1141 | 12 | |
1123 | 1142 | 13 | |
1124 | 1143 | 14 | |
1125 | 1144 | 15 | |
1126 | 1145 | 16 | |
1127 | 1146 | 17 | |
1128 | 1147 | 18 | |
1129 | 1148 | 19 | |
1130 | 1149 | 20 | |
1131 | 1150 | 21 | |
1132 | 1151 | 22 | |
1133 | 1152 | 23 | |
1134 | 1153 | 24 | |
1135 | 1154 | ||
1136 | 1155 | shall be Twenty-two Dollars ($22.00). Two Dollars ($2.00) of this | |
1137 | 1156 | fee shall be deposited in the Oklahoma Tax Commission Reimbursement | |
1138 | 1157 | Fund. The charge for a foreign export title shal l be One Hundred | |
1139 | 1158 | Dollars ($100.00), which charge shall b e in addition to any ot her | |
1140 | 1159 | fees or taxes imposed by law for such vehicle. One Dol lar ($1.00) | |
1141 | 1160 | of this fee shall be deposited in the Service Oklahoma Reimbursement | |
1142 | 1161 | Fund. | |
1143 | 1162 | I. The vehicle identification number of a junked vehicle shall | |
1144 | 1163 | be preserved in the computer files of Service Oklahoma for a period | |
1145 | 1164 | of not less than five (5) years. The charge of junked titles as | |
1146 | 1165 | defined in paragraph 4 of subsection B of this section shall be Four | |
1147 | 1166 | Dollars ($4.00). The fee remitted to the Tax Commission shall be | |
1148 | 1167 | deposited in the Oklahoma Tax Commission Reimbursement Fund through | |
1149 | 1168 | December 31, 2022, and beginning January 1, 2023, this fee shall be | |
1150 | 1169 | deposited in the Service Oklahoma Reimbursement Fund. | |
1151 | 1170 | J. If a vehicle is sold to a resident of another state | |
1152 | 1171 | destroyed, dismantled, or ceases to be used as a vehicle, the owner | |
1153 | 1172 | shall immediately notify Service Oklahoma. Absent evidence to the | |
1154 | 1173 | contrary, failure to notify Service Oklahoma shall be prima facie | |
1155 | 1174 | evidence that the vehicle has been in continuous operation in this | |
1156 | 1175 | state. | |
1157 | 1176 | K. If a vehicle is stolen, the owner shall immediately notify | |
1158 | 1177 | the appropriate law enforcement agency. Immediately after receiving | |
1159 | 1178 | ||
1160 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 24 1 | |
1179 | + | SB576 HFLR Page 24 | |
1180 | + | BOLD FACE denotes Committee Amendments. 1 | |
1161 | 1181 | 2 | |
1162 | 1182 | 3 | |
1163 | 1183 | 4 | |
1164 | 1184 | 5 | |
1165 | 1185 | 6 | |
1166 | 1186 | 7 | |
1167 | 1187 | 8 | |
1168 | 1188 | 9 | |
1169 | 1189 | 10 | |
1170 | 1190 | 11 | |
1171 | 1191 | 12 | |
1172 | 1192 | 13 | |
1173 | 1193 | 14 | |
1174 | 1194 | 15 | |
1175 | 1195 | 16 | |
1176 | 1196 | 17 | |
1177 | 1197 | 18 | |
1178 | 1198 | 19 | |
1179 | 1199 | 20 | |
1180 | 1200 | 21 | |
1181 | 1201 | 22 | |
1182 | 1202 | 23 | |
1183 | 1203 | 24 | |
1184 | 1204 | ||
1185 | 1205 | such notification, the law enforcement agency shall notify Service | |
1186 | 1206 | Oklahoma. | |
1187 | 1207 | L. Except for all-terrain vehicles, utility vehicles and | |
1188 | 1208 | motorcycles used exclusively for off-road use, no title for an out- | |
1189 | 1209 | of-state vehicle, except for foreign export titles or any commercial | |
1190 | 1210 | truck or truck-tractor registered pursuant to Section 1120 of this | |
1191 | 1211 | title which is engaged in interstate commerce or any trailer or | |
1192 | 1212 | semitrailer registered pursuant to Section 1133 of this tit le which | |
1193 | 1213 | is engaged in interstate commerce, shall be issued without an | |
1194 | 1214 | inspection of such vehicle and payment of a fee of Four Dollars | |
1195 | 1215 | ($4.00) for such inspection; provided, Service Oklahoma may enter | |
1196 | 1216 | into reciprocal agreements with other states for such inspections to | |
1197 | 1217 | be performed at locations outside the boundaries of this state for | |
1198 | 1218 | vehicles which: | |
1199 | 1219 | 1. Are offered for sale at auction; | |
1200 | 1220 | 2. Have been solely used as vehicles for rent under the | |
1201 | 1221 | ownership of a licensed motor vehicle dealer or a person engaged in | |
1202 | 1222 | the business of renting motor vehicles; or | |
1203 | 1223 | 3. Have not been registered in this or any other state for more | |
1204 | 1224 | than one (1) year. | |
1205 | 1225 | The inspection shall include a comparison of the vehicle | |
1206 | 1226 | identification number on the vehicle with the number recorded on the | |
1207 | 1227 | ownership records and the recording of the actual odometer reading | |
1208 | 1228 | on the vehicle. The four-dollar fee shall be collected by the | |
1209 | 1229 | ||
1210 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 25 1 | |
1230 | + | SB576 HFLR Page 25 | |
1231 | + | BOLD FACE denotes Committee Amendments. 1 | |
1211 | 1232 | 2 | |
1212 | 1233 | 3 | |
1213 | 1234 | 4 | |
1214 | 1235 | 5 | |
1215 | 1236 | 6 | |
1216 | 1237 | 7 | |
1217 | 1238 | 8 | |
1218 | 1239 | 9 | |
1219 | 1240 | 10 | |
1220 | 1241 | 11 | |
1221 | 1242 | 12 | |
1222 | 1243 | 13 | |
1223 | 1244 | 14 | |
1224 | 1245 | 15 | |
1225 | 1246 | 16 | |
1226 | 1247 | 17 | |
1227 | 1248 | 18 | |
1228 | 1249 | 19 | |
1229 | 1250 | 20 | |
1230 | 1251 | 21 | |
1231 | 1252 | 22 | |
1232 | 1253 | 23 | |
1233 | 1254 | 24 | |
1234 | 1255 | ||
1235 | 1256 | licensed operator or Service Oklahoma when the title is issued. The | |
1236 | 1257 | licensed operator shall retain Two Dollars ($2.00). The remaining | |
1237 | 1258 | Two Dollars ($2.00) shall be deposited in the Oklahoma Tax | |
1238 | 1259 | Commission Reimbursement Fund through December 31, 2022, and | |
1239 | 1260 | beginning January 1, 2023, this fee shall be deposited in the | |
1240 | 1261 | Service Oklahoma Reimbursement Fund. | |
1241 | 1262 | Service Oklahoma may allow the inspection to be performed at a | |
1242 | 1263 | location out-of-state by another state’s department of motor | |
1243 | 1264 | vehicles or state police. | |
1244 | 1265 | M. No title for any out-of-state vehicle offered for sale at | |
1245 | 1266 | salvage pools, salvage disposal sales, or an auction, or by a dealer | |
1246 | 1267 | or a licensed automotive dismantler and parts recycler, shall be | |
1247 | 1268 | issued without an inspection to compare the vehicle identification | |
1248 | 1269 | number on the vehicle with the number recorded on the ownership | |
1249 | 1270 | record and to record the actual odometer reading on the vehicle. | |
1250 | 1271 | Upon request of the seller, person or entity conducting an auction, | |
1251 | 1272 | dealer or licensed dismantler, the inspection shall be conducted at | |
1252 | 1273 | the location or place of business of the sale, auction, dealer, or | |
1253 | 1274 | the dismantler. The inspection shall be conducted by any licensed | |
1254 | 1275 | operator or a duly authorized employee thereof; provided, if the | |
1255 | 1276 | vehicle identification number on the vehicle offered for sale at | |
1256 | 1277 | salvage pools, salvage disposal sales or a classic or antique | |
1257 | 1278 | auction does not match the number recorded on the ownership record, | |
1258 | 1279 | the inspection may be conducted at the location of or place of | |
1259 | 1280 | ||
1260 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 26 1 | |
1281 | + | SB576 HFLR Page 26 | |
1282 | + | BOLD FACE denotes Committee Amendments. 1 | |
1261 | 1283 | 2 | |
1262 | 1284 | 3 | |
1263 | 1285 | 4 | |
1264 | 1286 | 5 | |
1265 | 1287 | 6 | |
1266 | 1288 | 7 | |
1267 | 1289 | 8 | |
1268 | 1290 | 9 | |
1269 | 1291 | 10 | |
1270 | 1292 | 11 | |
1271 | 1293 | 12 | |
1272 | 1294 | 13 | |
1273 | 1295 | 14 | |
1274 | 1296 | 15 | |
1275 | 1297 | 16 | |
1276 | 1298 | 17 | |
1277 | 1299 | 18 | |
1278 | 1300 | 19 | |
1279 | 1301 | 20 | |
1280 | 1302 | 21 | |
1281 | 1303 | 22 | |
1282 | 1304 | 23 | |
1283 | 1305 | 24 | |
1284 | 1306 | ||
1285 | 1307 | business of such sale or auction by any state, county or city law | |
1286 | 1308 | enforcement officer. Service Oklahoma may enter into reciprocal | |
1287 | 1309 | agreements with other states for such inspections to be performed at | |
1288 | 1310 | locations outside the boundaries of this state for vehicles which: | |
1289 | 1311 | 1. Are offered for sale at auction; | |
1290 | 1312 | 2. Have been solely used as vehicles for rent under the | |
1291 | 1313 | ownership of a licensed motor vehicle dealer or a person engaged in | |
1292 | 1314 | the business of renting motor vehicles; or | |
1293 | 1315 | 3. Have not been registered in this or any other state for more | |
1294 | 1316 | than one (1) year. | |
1295 | 1317 | The inspection shall be certified upon forms prescribed by Service | |
1296 | 1318 | Oklahoma. The name and other identification of the author ized | |
1297 | 1319 | person conducting the inspection shall be legibly printed or typed | |
1298 | 1320 | on the form. Prior to any inspection by any employee of a licensed | |
1299 | 1321 | operator, the licensed operator shall notify Service Oklahoma of the | |
1300 | 1322 | name and any other identification information requested by Service | |
1301 | 1323 | Oklahoma of the authorized person. A signature specimen of the | |
1302 | 1324 | authorized person shall be submitted to Service Oklahoma by the | |
1303 | 1325 | employing licensed operator. If the authorization to inspect | |
1304 | 1326 | vehicles is withdrawn or the employer-employee relationship is | |
1305 | 1327 | terminated, the licensed operator, immediately, shall notify Service | |
1306 | 1328 | Oklahoma and return any remaining inspection forms to Service | |
1307 | 1329 | Oklahoma. The fee for the inspection shall be Four Dollars ($4.00). | |
1308 | 1330 | The licensed operator shall retain Three Dollars ($3.00) of the fee. | |
1309 | 1331 | ||
1310 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 27 1 | |
1332 | + | SB576 HFLR Page 27 | |
1333 | + | BOLD FACE denotes Committee Amendments. 1 | |
1311 | 1334 | 2 | |
1312 | 1335 | 3 | |
1313 | 1336 | 4 | |
1314 | 1337 | 5 | |
1315 | 1338 | 6 | |
1316 | 1339 | 7 | |
1317 | 1340 | 8 | |
1318 | 1341 | 9 | |
1319 | 1342 | 10 | |
1320 | 1343 | 11 | |
1321 | 1344 | 12 | |
1322 | 1345 | 13 | |
1323 | 1346 | 14 | |
1324 | 1347 | 15 | |
1325 | 1348 | 16 | |
1326 | 1349 | 17 | |
1327 | 1350 | 18 | |
1328 | 1351 | 19 | |
1329 | 1352 | 20 | |
1330 | 1353 | 21 | |
1331 | 1354 | 22 | |
1332 | 1355 | 23 | |
1333 | 1356 | 24 | |
1334 | 1357 | ||
1335 | 1358 | Fees received by a licensed operator or an authorized employee | |
1336 | 1359 | thereof shall be handled and accounted for in the manner as | |
1337 | 1360 | prescribed by law for any other fees paid to or received by a | |
1338 | 1361 | licensed operator. Out-of-state vehicles brought into this state by | |
1339 | 1362 | a person licensed in another state to sell new or used vehicles to | |
1340 | 1363 | be sold within this state at a motor vehicle auction which is | |
1341 | 1364 | limited to dealer-to-dealer transactions shall not be required to be | |
1342 | 1365 | inspected, unless the vehicle is purchased by an Oklahoma dealer. | |
1343 | 1366 | Any person licensed in another state to sell new or used motor | |
1344 | 1367 | vehicles, who offers a motor vehicle for sale within this state at a | |
1345 | 1368 | motor vehicle auction which is limited to dealer-to-dealer | |
1346 | 1369 | transactions, shall not be within the definition of “owner” in | |
1347 | 1370 | Section 1102 of this title, for purposes of Section 1101 et seq. of | |
1348 | 1371 | this title. | |
1349 | 1372 | N. A licensed motor vehicle dealer, upon payment of a fee of | |
1350 | 1373 | Fifteen Dollars ($15.00), may reassign an out-of-state certificate | |
1351 | 1374 | of title to a used motor vehicle provided such dealer obtains the | |
1352 | 1375 | appropriate inspection form required by either subsection L or M of | |
1353 | 1376 | this section and attaches the form to the out-of-state certificate | |
1354 | 1377 | of title. Licensed operators shall be allowed to retain Two Doll ars | |
1355 | 1378 | and twenty-five cents ($2.25) of the fee plus an additional Two | |
1356 | 1379 | Dollars ($2.00) or Three Dollars ($3.00) as provided in subsections | |
1357 | 1380 | L and M of this section for performance of the inspection. Two | |
1358 | 1381 | Dollars ($2.00) of the fee shall be deposited in th e Service | |
1359 | 1382 | ||
1360 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 28 1 | |
1383 | + | SB576 HFLR Page 28 | |
1384 | + | BOLD FACE denotes Committee Amendments. 1 | |
1361 | 1385 | 2 | |
1362 | 1386 | 3 | |
1363 | 1387 | 4 | |
1364 | 1388 | 5 | |
1365 | 1389 | 6 | |
1366 | 1390 | 7 | |
1367 | 1391 | 8 | |
1368 | 1392 | 9 | |
1369 | 1393 | 10 | |
1370 | 1394 | 11 | |
1371 | 1395 | 12 | |
1372 | 1396 | 13 | |
1373 | 1397 | 14 | |
1374 | 1398 | 15 | |
1375 | 1399 | 16 | |
1376 | 1400 | 17 | |
1377 | 1401 | 18 | |
1378 | 1402 | 19 | |
1379 | 1403 | 20 | |
1380 | 1404 | 21 | |
1381 | 1405 | 22 | |
1382 | 1406 | 23 | |
1383 | 1407 | 24 | |
1384 | 1408 | ||
1385 | 1409 | Oklahoma Reimbursement Fund. An out-of-state vehicle which has been | |
1386 | 1410 | rebuilt shall be inspected pursuant to the provisions of Section | |
1387 | 1411 | 1111 of this title. Service Oklahoma shall train licensed operators | |
1388 | 1412 | in interpreting vehicle identification numbers to assure that it | |
1389 | 1413 | accurately describes the vehicle and to detect rollback or | |
1390 | 1414 | alteration of the odometer. Failure of a licensed operator to | |
1391 | 1415 | inspect the vehicle and make the required notations shall be a | |
1392 | 1416 | misdemeanor punishable by a fine of not more than One Thousand | |
1393 | 1417 | Dollars ($1,000.00) for the first offense and Five Thousand Dollars | |
1394 | 1418 | ($5,000.00) for the second offense or subsequent offense, or by | |
1395 | 1419 | imprisonment in the county jail for not more than six (6) months, or | |
1396 | 1420 | by both such fine and imprisonment. | |
1397 | 1421 | O. The ownership of any unrecovered vehicle which has been | |
1398 | 1422 | declared a total loss by an insurer because of theft shall be | |
1399 | 1423 | transferred to the insurer by an unrecovered-theft vehicle title; | |
1400 | 1424 | provided, the ownership of any such vehicle which has been declared | |
1401 | 1425 | a total loss by an insurer licensed by the Insurance Department of | |
1402 | 1426 | the State of Oklahoma this state and maintaining a multi-state motor | |
1403 | 1427 | vehicle salvage processing center in this state shall be transferred | |
1404 | 1428 | to the insurer by a salvage or an unrecovered-theft title without | |
1405 | 1429 | the requirement of a visual inspection of the vehicle identification | |
1406 | 1430 | number by the insurer. Upon recovery of the vehicle, the ownership | |
1407 | 1431 | shall be transferred by an original title, salvage title, or junked | |
1408 | 1432 | ||
1409 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 29 1 | |
1433 | + | SB576 HFLR Page 29 | |
1434 | + | BOLD FACE denotes Committee Amendments. 1 | |
1410 | 1435 | 2 | |
1411 | 1436 | 3 | |
1412 | 1437 | 4 | |
1413 | 1438 | 5 | |
1414 | 1439 | 6 | |
1415 | 1440 | 7 | |
1416 | 1441 | 8 | |
1417 | 1442 | 9 | |
1418 | 1443 | 10 | |
1419 | 1444 | 11 | |
1420 | 1445 | 12 | |
1421 | 1446 | 13 | |
1422 | 1447 | 14 | |
1423 | 1448 | 15 | |
1424 | 1449 | 16 | |
1425 | 1450 | 17 | |
1426 | 1451 | 18 | |
1427 | 1452 | 19 | |
1428 | 1453 | 20 | |
1429 | 1454 | 21 | |
1430 | 1455 | 22 | |
1431 | 1456 | 23 | |
1432 | 1457 | 24 | |
1433 | 1458 | ||
1434 | 1459 | title, as may be appropriate based upon an estimate of the amount of | |
1435 | 1460 | loss submitted by the insurer. | |
1436 | 1461 | P. When an insurance company makes a total loss settlement on a | |
1437 | 1462 | total loss vehicle and the insurance company or a salvage pool | |
1438 | 1463 | authorized by the insurance company is unable to obtain the properly | |
1439 | 1464 | endorsed certificate of ownership or other evidence of ownership | |
1440 | 1465 | acceptable to Service Oklahoma within thirty (30) days following | |
1441 | 1466 | acceptance by the owner of an offer of an amount in settlement of a | |
1442 | 1467 | total loss, that insurance company or salvage pool, on a form | |
1443 | 1468 | provided by Service Oklahoma and signed under penalty of perjury, | |
1444 | 1469 | may request Service Oklahoma to issue the applicable salvage title | |
1445 | 1470 | for the vehicle. The request shall include information declaring | |
1446 | 1471 | that the requester has made at least two written attempts to obtain | |
1447 | 1472 | the certificate of ownership or other acceptable evidence of title. | |
1448 | 1473 | Q. The owner of any vehicle which is incapable of operation or | |
1449 | 1474 | use on the public roads and has no resale value, except as parts, | |
1450 | 1475 | scrap, or junk, may deliver the certificate of title to the vehicle | |
1451 | 1476 | to Service Oklahoma for cancellation. Upon verification that any | |
1452 | 1477 | perfected lien against the vehicle has been released, the | |
1453 | 1478 | certificate of title shall be canceled without any fee, charge, or | |
1454 | 1479 | cost required from the owner. The vehicle identification numbers on | |
1455 | 1480 | the certificates of title shall be preserved in the computer files | |
1456 | 1481 | of Service Oklahoma for at least five (5) years from the date of | |
1457 | 1482 | cancellation of the certifi cate of title. Service Oklahoma shall | |
1458 | 1483 | ||
1459 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 30 1 | |
1484 | + | SB576 HFLR Page 30 | |
1485 | + | BOLD FACE denotes Committee Amendments. 1 | |
1460 | 1486 | 2 | |
1461 | 1487 | 3 | |
1462 | 1488 | 4 | |
1463 | 1489 | 5 | |
1464 | 1490 | 6 | |
1465 | 1491 | 7 | |
1466 | 1492 | 8 | |
1467 | 1493 | 9 | |
1468 | 1494 | 10 | |
1469 | 1495 | 11 | |
1470 | 1496 | 12 | |
1471 | 1497 | 13 | |
1472 | 1498 | 14 | |
1473 | 1499 | 15 | |
1474 | 1500 | 16 | |
1475 | 1501 | 17 | |
1476 | 1502 | 18 | |
1477 | 1503 | 19 | |
1478 | 1504 | 20 | |
1479 | 1505 | 21 | |
1480 | 1506 | 22 | |
1481 | 1507 | 23 | |
1482 | 1508 | 24 | |
1483 | 1509 | ||
1484 | 1510 | prescribe and provide an affidavit form to be completed by the owner | |
1485 | 1511 | of any vehicle for which the certificate of title is canceled. No | |
1486 | 1512 | title or registration shall subsequently be issued for a vehicle for | |
1487 | 1513 | which the certificate of title has been surrendered pursuant to this | |
1488 | 1514 | subsection. Service Oklahoma shall prescribe a form for the | |
1489 | 1515 | transfer of ownership of a vehicle for which the certificate of | |
1490 | 1516 | title has been canceled. | |
1491 | 1517 | R. The owner of a vehicle which is not within the last ten (10) | |
1492 | 1518 | model years, not roadworthy and not capable of repair for operation | |
1493 | 1519 | or use on the roads and highways, or a vehicle which is being sold | |
1494 | 1520 | to a scrap metal dealer pursuant to Section 11-92 of Title 2 of the | |
1495 | 1521 | Oklahoma Statutes, shall transfer the vehicle only upon a | |
1496 | 1522 | certificate of ownership prescribed by Service Oklahoma, if the | |
1497 | 1523 | certificate of title to the vehicle is lost, has been canceled, or | |
1498 | 1524 | otherwise not available. The prescribed owner ship form shall | |
1499 | 1525 | include the names and addresses of the buyer and seller, the driver | |
1500 | 1526 | license number or Social Security number of the seller, the make and | |
1501 | 1527 | model of the vehicle, and the public vehicle identification number. | |
1502 | 1528 | If there is no public vehicle iden tification number, the vehicle | |
1503 | 1529 | shall be inspected by a law enforcement officer to verify the | |
1504 | 1530 | absence of the number on the vehicle and the prescribed ownership | |
1505 | 1531 | form shall include a signed statement, by such officer, verifying | |
1506 | 1532 | the absence of the number. | |
1507 | 1533 | ||
1508 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 31 1 | |
1534 | + | SB576 HFLR Page 31 | |
1535 | + | BOLD FACE denotes Committee Amendments. 1 | |
1509 | 1536 | 2 | |
1510 | 1537 | 3 | |
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1530 | 1557 | 23 | |
1531 | 1558 | 24 | |
1532 | 1559 | ||
1533 | 1560 | The certificate of ownership shall be completed in triplicate. | |
1534 | 1561 | The buyer and seller shall each retain a copy. Within thirty (30) | |
1535 | 1562 | days of the transaction, the seller shall submit one copy to Service | |
1536 | 1563 | Oklahoma or a licensed operator accompanied with a fee of Four | |
1537 | 1564 | Dollars ($4.00). One Dollar ($1.00) shall be retained by the | |
1538 | 1565 | licensed operator and Three Dollars ($3.00) shall be deposited in | |
1539 | 1566 | the Oklahoma Tax Commission Reimbursement Fund in the State Treasur y | |
1540 | 1567 | through December 31, 2022, and beginning January 1, 2023, this fee | |
1541 | 1568 | shall be deposited in the Service Oklahoma Reimbursement Fund. | |
1542 | 1569 | Upon receipt of the certificate, Service Oklahoma shall verify | |
1543 | 1570 | that any perfected lien upon the vehicle has been released. If the | |
1544 | 1571 | lien is not released, Service Oklahoma shall mail notice of the | |
1545 | 1572 | transfer to the lienholder at the lienholder’s last-known address. | |
1546 | 1573 | If a certificate of title has been issued, it shall be canceled and | |
1547 | 1574 | the vehicle identification number shall be preserved in the computer | |
1548 | 1575 | of Service Oklahoma for at least five (5) years. The buyer of the | |
1549 | 1576 | vehicle may not be sued and shall not be liable for monetary damages | |
1550 | 1577 | to the lienholder,; however, the vehicle shall be subject to a valid | |
1551 | 1578 | repossession by a lienholder. | |
1552 | 1579 | S. Service Oklahoma shall notify the chief administrative | |
1553 | 1580 | officer of the agency or department responsible for issuing motor | |
1554 | 1581 | vehicle certificates of title in each state in the United States of | |
1555 | 1582 | the types of motor vehicle certificate of title effective in | |
1556 | 1583 | Oklahoma on and after January 1, 1989. | |
1557 | 1584 | ||
1558 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 32 1 | |
1585 | + | SB576 HFLR Page 32 | |
1586 | + | BOLD FACE denotes Committee Amendments. 1 | |
1559 | 1587 | 2 | |
1560 | 1588 | 3 | |
1561 | 1589 | 4 | |
1562 | 1590 | 5 | |
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1579 | 1607 | 22 | |
1580 | 1608 | 23 | |
1581 | 1609 | 24 | |
1582 | 1610 | ||
1583 | 1611 | T. When registering for the first time in this state a | |
1584 | 1612 | remanufactured vehicle which has not been registered in any other | |
1585 | 1613 | state since its remanufacture, before issuing a certificate of | |
1586 | 1614 | title, Service Oklahoma shall require the applicant to deliver a | |
1587 | 1615 | statement of origin from the remanufacturer. | |
1588 | 1616 | U. If a vehicle is sold to a foreign buyer pursuant to the | |
1589 | 1617 | provisions of the Automotive Dismantlers and Parts Recycler Act, the | |
1590 | 1618 | licensed seller shall stamp the title with: “EXPORT ONLY. | |
1591 | 1619 | NONTRANSFERABLE IN THE UNITED STATES.” The licensed seller shall | |
1592 | 1620 | supply Service Oklahoma the title number, the vehicle identification | |
1593 | 1621 | number and the foreign buyer’s bid identification number on a form | |
1594 | 1622 | prescribed by Service Oklahoma. Service Oklahoma shall cancel the | |
1595 | 1623 | title, and the vehicle identification number shall be preserved in | |
1596 | 1624 | the computer files of Service Oklahoma for a period of not less than | |
1597 | 1625 | five (5) years. | |
1598 | 1626 | V. Service Oklahoma shall not be considered a necessary party | |
1599 | 1627 | to any lawsuit which is instigated for the purpose of determining | |
1600 | 1628 | ownership of a vehicle, wherein Service Oklahoma’s only involvement | |
1601 | 1629 | would be to issue title, and the court shall issue an order | |
1602 | 1630 | dismissing Service Oklahoma from the pending action. In the event | |
1603 | 1631 | no other party or lienholder can be ident ified as to ownership or | |
1604 | 1632 | claim, Service Oklahoma shall accept an affidavit of ownership from | |
1605 | 1633 | the party claiming ownership and issue proper title thereon. | |
1606 | 1634 | SECTION 3. This act shall become effective August 1, 2023. | |
1607 | 1635 | ||
1608 | - | ENGR. H. A. to ENGR. S. B. NO. 576 Page 33 1 | |
1636 | + | SB576 HFLR Page 33 | |
1637 | + | BOLD FACE denotes Committee Amendments. 1 | |
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1610 | 1639 | 3 | |
1611 | 1640 | 4 | |
1612 | 1641 | 5 | |
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1630 | 1659 | 23 | |
1631 | 1660 | 24 | |
1632 | 1661 | ||
1633 | 1662 | SECTION 4. It being immediately necessary f or the preservation | |
1634 | 1663 | of the public peace, health or safety, an emergency is here by | |
1635 | 1664 | declared to exist, by reason whereof this act shall take effect and | |
1636 | - | be in full force from and after its passage and approval." | |
1637 | - | Passed the House of Representatives the 25th day of April, 2023. | |
1638 | - | ||
1639 | - | ||
1640 | - | ||
1641 | - | ||
1642 | - | ||
1643 | - | Presiding Officer of the House of | |
1644 | - | Representatives | |
1645 | - | ||
1646 | - | ||
1647 | - | Passed the Senate the ____ day of _______ ___, 2023. | |
1648 | - | ||
1649 | - | ||
1650 | - | ||
1651 | - | ||
1652 | - | ||
1653 | - | Presiding Officer of the Senate | |
1654 | - | ||
1655 | - | ||
1656 | - | ENGR. S. B. NO. 576 Page 1 1 | |
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1680 | - | ||
1681 | - | ENGROSSED SENATE | |
1682 | - | BILL NO. 576 By: Montgomery of the Senate | |
1683 | - | ||
1684 | - | and | |
1685 | - | ||
1686 | - | Boatman of the House | |
1687 | - | ||
1688 | - | ||
1689 | - | ||
1690 | - | ||
1691 | - | [ motor vehicles - tax exemptions - foreign export | |
1692 | - | title - certificates - form – fee - exception - | |
1693 | - | effective date - | |
1694 | - | emergency ] | |
1695 | - | ||
1696 | - | ||
1697 | - | ||
1698 | - | ||
1699 | - | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
1700 | - | SECTION 5. AMENDATORY 68 O.S. 2021, Section 2105, is | |
1701 | - | amended to read as follows: | |
1702 | - | Section 2105. An original or a transfer certificate of title or | |
1703 | - | a foreign export certificate of title, as provided for in Section | |
1704 | - | 1105 of Title 47 of the Oklahoma Statutes, shall be issued without | |
1705 | - | the payment of the excise tax levied by Section 2101 et seq. of this | |
1706 | - | title for: | |
1707 | - | 1. Any vehicle owned by a nonresident person who operate s | |
1708 | - | principally in some ot her state but who is in Oklahoma only | |
1709 | - | occasionally; | |
1710 | - | 2. Any vehicle brought into this state by a person formerly | |
1711 | - | living in another state, who h as owned and registered the vehicle in | |
1712 | - | such other state of residence at least sixty (60) days prior to the | |
1713 | - | time it is required to be registered in this state; pro vided, | |
1714 | - | ||
1715 | - | ENGR. S. B. NO. 576 Page 2 1 | |
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1739 | - | ||
1740 | - | however, this paragraph s hall not apply to businesses engaged in | |
1741 | - | renting cars without a driver; | |
1742 | - | 3. Any vehicle registered by the State of Oklahoma, by any of | |
1743 | - | the political subdivisions thereof, or by a fire department | |
1744 | - | organized pursuant to Section 592 of Title 18 of the Oklahoma | |
1745 | - | Statutes to be used for the purposes of the fire department, o r a | |
1746 | - | vehicle which is the subject of a lease or lease -purchase agreement | |
1747 | - | executed between the person seeking an or iginal or transfer | |
1748 | - | certificate of title for the v ehicle and a municipality, count y, | |
1749 | - | school district, or fire protection district. The person s eeking an | |
1750 | - | original or transfer certificate of title shall provide adequate | |
1751 | - | proof that the vehicle is subject to a lease or lease-purchase | |
1752 | - | agreement with a municip ality, county, school district, or fire | |
1753 | - | protection district at the time the excise tax levied would | |
1754 | - | otherwise be payable. The Oklahoma Tax Commission shall have the | |
1755 | - | authority to determine what constitutes a dequate proof as required | |
1756 | - | by this section; | |
1757 | - | 4. Any vehicle, the legal ownership o f which is obtained by the | |
1758 | - | applicant for a certificate of titl e by inheritance; | |
1759 | - | 5. Any used motor vehicle, travel trailer, or commercial | |
1760 | - | trailer which is owned and being offe red for sale by a person | |
1761 | - | licensed as a dealer to sell the same, under the provisi ons of the | |
1762 | - | Oklahoma Vehicle License and Registration Act: | |
1763 | - | ||
1764 | - | ENGR. S. B. NO. 576 Page 3 1 | |
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1786 | - | 23 | |
1787 | - | 24 | |
1788 | - | ||
1789 | - | a. if such vehicle, travel trailer, or commercial trailer | |
1790 | - | has been registered in Oklahoma and the excise tax | |
1791 | - | paid thereon, or | |
1792 | - | b. when such vehicle, travel trailer, or commercial | |
1793 | - | trailer has been reg istered in some other state but is | |
1794 | - | not the latest manufactured model. | |
1795 | - | Provided, the provisions of this paragraph shall not be | |
1796 | - | construed as allowing an exemption to any person not licensed as a | |
1797 | - | dealer of used motor vehicles, travel trailers, or commercial | |
1798 | - | trailers, or as an automotive dismantler and parts recycler in this | |
1799 | - | state; | |
1800 | - | 6. Any vehicle which was purchased by a person licensed to sell | |
1801 | - | new or used motor vehicles in anothe r state: | |
1802 | - | a. if such vehicle is not purchased for operation or | |
1803 | - | resale in this state, and | |
1804 | - | b. the state from which the dealer is licensed offers | |
1805 | - | reciprocal privileges to a dealer licensed in this | |
1806 | - | state, pursuant to a reciprocal agreeme nt between the | |
1807 | - | duly authorized agent of the Tax Commission and the | |
1808 | - | licensing state; | |
1809 | - | 7. Any vehicle, the ownership of which was obtained by the | |
1810 | - | lienholder or mortgagee under or by foreclosure of a lien or | |
1811 | - | mortgage in the manner provided by law or to the in surer under | |
1812 | - | ||
1813 | - | ENGR. S. B. NO. 576 Page 4 1 | |
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1837 | - | ||
1838 | - | subrogated rights arising by reason of loss under an insuranc e | |
1839 | - | contract; | |
1840 | - | 8. Any vehicle whic h is taxed on an ad valorem basis; | |
1841 | - | 9. Any vehicle or motor ve hicle, the legal ownership of which | |
1842 | - | is obtained by transfers: | |
1843 | - | a. from one corporation to another corporation purs uant | |
1844 | - | to a reorganization. As used in this subsec tion the | |
1845 | - | term “reorganization” means: | |
1846 | - | (1) a statutory merger or consolidation, or | |
1847 | - | (2) the acquisition by a corporation of substantially | |
1848 | - | all of the properties of another corporation wh en | |
1849 | - | the consideration is solely all or a part of the | |
1850 | - | voting stock of the a cquiring corporation, or of | |
1851 | - | its parent or subsidiary corporation, | |
1852 | - | b. in connection with the wi nding up, dissolution, or | |
1853 | - | liquidation of a corporation only when there is a | |
1854 | - | distribution in kind to the sharehold ers of the | |
1855 | - | property of such corporation, | |
1856 | - | c. to a corporation where the former own ers of the | |
1857 | - | vehicle or motor vehicle transferred are, immediate ly | |
1858 | - | after the transfer, in control of the corporation, and | |
1859 | - | the stock or securities receive d by each is | |
1860 | - | substantially in proportion to the interest in the | |
1861 | - | vehicle or motor vehicle prior to the tra nsfer, | |
1862 | - | ||
1863 | - | ENGR. S. B. NO. 576 Page 5 1 | |
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1886 | - | 24 | |
1887 | - | ||
1888 | - | d. to a partnership if the former owners of the vehicle | |
1889 | - | or motor vehicle transferred are, immediately after | |
1890 | - | the transfer, members of such partne rship and the | |
1891 | - | interest in the partnership received by each is | |
1892 | - | substantially in proportion to the interest in the | |
1893 | - | vehicle or motor vehicle prior to the transfer, | |
1894 | - | e. from a partnership to the members thereof when made in | |
1895 | - | the dissolution of such partnership, | |
1896 | - | f. to a limited liabilit y company if the former owners of | |
1897 | - | the vehicle or motor vehicle transferred are, | |
1898 | - | immediately after the transfer, members of the limited | |
1899 | - | liability company and the interest in the limited | |
1900 | - | liability company received by each is substanti ally in | |
1901 | - | proportion to the interest in the vehicle or motor | |
1902 | - | vehicle prior to the transfer, or | |
1903 | - | g. from a limited liability company to the members | |
1904 | - | thereof when made in th e dissolution of such | |
1905 | - | partnership; | |
1906 | - | 10. Any vehicle which is purchased by a person to be used by a | |
1907 | - | business engaged in renting motor vehicles without a driver, | |
1908 | - | provided: | |
1909 | - | a. the vehicle shall not be rented to the same person for | |
1910 | - | a period exceeding ninety (9 0) days, | |
1911 | - | ||
1912 | - | ENGR. S. B. NO. 576 Page 6 1 | |
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1933 | - | 22 | |
1934 | - | 23 | |
1935 | - | 24 | |
1936 | - | ||
1937 | - | b. any such vehicle exempted from the excise tax by these | |
1938 | - | provisions shall not b e placed under any type of lease | |
1939 | - | agreement, | |
1940 | - | c. on any such vehicle exempt ed from the excise tax by | |
1941 | - | this subsection that is reregistered in this state, | |
1942 | - | without a prior sale or transfer to the persons | |
1943 | - | specified in divisions (1) and (2) of this | |
1944 | - | subparagraph, at any time prior to the expiration of | |
1945 | - | twelve (12) months from the date o f issuance of the | |
1946 | - | original title, the seller shall pay immediately the | |
1947 | - | amount of excise tax wh ich would have been due had | |
1948 | - | this exemption not been granted plus a penalty of | |
1949 | - | twenty percent (20%). No such exci se tax or penalty | |
1950 | - | shall become due and payable if the vehicle is sold or | |
1951 | - | transferred in a condition either physical or | |
1952 | - | mechanical which would r ender it eligible for a | |
1953 | - | salvage title pursuant to law or if the vehicle is | |
1954 | - | sold and transferred in this state at any time prior | |
1955 | - | to the expiration of twelve (12) m onths: | |
1956 | - | (1) to the manufacturer o f the vehicle or its | |
1957 | - | controlled financing arm, or | |
1958 | - | (2) to a factory authorized franchised new motor | |
1959 | - | vehicle dealer which holds a franchise of the | |
1960 | - | same line-make of the vehicle being purchased, or | |
1961 | - | ||
1962 | - | ENGR. S. B. NO. 576 Page 7 1 | |
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1964 | - | 3 | |
1965 | - | 4 | |
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1983 | - | 22 | |
1984 | - | 23 | |
1985 | - | 24 | |
1986 | - | ||
1987 | - | d. when this exemption is cla imed, the Tax Commission | |
1988 | - | shall issue a special title which shall restrict the | |
1989 | - | transfer of the title only within this state prior to | |
1990 | - | the expiration of twelve (12) months unless: | |
1991 | - | (1) payment of the excise tax plus penalty as | |
1992 | - | provided in this section is made, | |
1993 | - | (2) the sale is made to a perso n specified in | |
1994 | - | division (1) or (2) of subparagraph c of this | |
1995 | - | paragraph, or | |
1996 | - | (3) the vehicle is eligible for a salvage title. | |
1997 | - | For all other tax purposes vehicles herein exempted shall be | |
1998 | - | treated as though the excise tax has be en paid; | |
1999 | - | 11. Any vehicle of the latest manufactured model, registered | |
2000 | - | from a title in the nam e of the original manufacturer or assigned to | |
2001 | - | the original manufacturer and issued by any state and transferred t o | |
2002 | - | a licensed, franchised Oklahoma motor vehicle d ealer, as defined by | |
2003 | - | Section 1102 of Title 47 of the Oklahoma Statutes, which holds a | |
2004 | - | franchise of the same line-make as the vehicle being registered; | |
2005 | - | 12. Any new motor vehicle, regi stered in the name of a | |
2006 | - | manufacturer or dealer of new motor vehicles, for which a license | |
2007 | - | plate has been issued pursuant to Section 1116.1 of Title 47 of the | |
2008 | - | Oklahoma Statutes, if such vehicle is authorized by the manufacturer | |
2009 | - | or dealer for personal use by an individual. The aut horization for | |
2010 | - | such use shall not exceed four (4) months which shall not be renew ed | |
2011 | - | ||
2012 | - | ENGR. S. B. NO. 576 Page 8 1 | |
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2035 | - | 24 | |
2036 | - | ||
2037 | - | or the exemption provided by this subsection shall not be | |
2038 | - | applicable. The exemption provided by this subsection shall not be | |
2039 | - | applicable to a transf er of ownership or regis tration subsequent to | |
2040 | - | the first registration of t he vehicle by a manufacturer or dealer; | |
2041 | - | 13. Any vehicle, travel trailer, or commercial traile r of the | |
2042 | - | latest manufacturer model purchased by a franchised Oklahoma dealer | |
2043 | - | licensed to sell the same which hold s a franchise of the same line- | |
2044 | - | make as the vehicle, travel trailer, or commercial trailer being | |
2045 | - | registered; | |
2046 | - | 14. Any vehicle which is the subje ct of a lease or lease- | |
2047 | - | purchase agreement and which the ownership of such vehicle is bein g | |
2048 | - | obtained by the lessee , if the vehicle excise tax was paid at the | |
2049 | - | time of the initial lease or lease -purchase agreement; | |
2050 | - | 15. Any vehicle which: | |
2051 | - | a. is purchased by a private, nonprofit organization | |
2052 | - | which is exempt from taxation pursuant to the | |
2053 | - | provisions of Section 501(c)(3) of the Internal | |
2054 | - | Revenue Code, 26 U.S.C., Section 50 1(c)(3), and which | |
2055 | - | is primarily funded by a fraternal or civic service | |
2056 | - | organization with at le ast one hundred local chapters | |
2057 | - | or clubs, and | |
2058 | - | b. is designed and used to provide mobile he alth | |
2059 | - | screening services to the general public at no cost to | |
2060 | - | the recipient, and for which no reimbursement of any | |
2061 | - | ||
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2086 | - | ||
2087 | - | kind is received from any health insurance provider, | |
2088 | - | health maintenance organization, or governmental | |
2089 | - | program; | |
2090 | - | 16. Any vehicle which is purcha sed by an individual who has | |
2091 | - | been honorably discharged from active servic e in any branch of the | |
2092 | - | Armed Forces of the United States or Oklahoma National Guard and who | |
2093 | - | has been certified by the United States Department of Veterans | |
2094 | - | Affairs, its successor, or t he Armed Forces of the U nited States to | |
2095 | - | be a disabled veteran in receipt of compensation at the one -hundred- | |
2096 | - | percent rate for a permanent disability sustained through m ilitary | |
2097 | - | action or accident resulting from disease contracted while in such | |
2098 | - | active service and registered with the veterans registry created by | |
2099 | - | the Oklahoma Department of Veterans Affairs; provid ed, that if the | |
2100 | - | veteran has previously received exemption purs uant to this | |
2101 | - | paragraph, no registration with the veterans registry shall be | |
2102 | - | required. This exemption may not be claimed by an individual for | |
2103 | - | more than one vehicl e in a consecutive three -year period, unless the | |
2104 | - | vehicle is a replacement for a vehicle which was destroyed and | |
2105 | - | declared by the insurer to be a total loss claim. The Tax | |
2106 | - | Commission shall promulgate any rule s necessary to implement the | |
2107 | - | provisions of this s ection; or | |
2108 | - | 17. Any vehicle on w hich ownership is transferred by a | |
2109 | - | repossessor directly back t o the owner or owners from whom the | |
2110 | - | vehicle was repossessed; provided, ownership shall be assigned by | |
2111 | - | ||
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2136 | - | ||
2137 | - | the repossessor within thirty (30) days of issuance of the | |
2138 | - | repossession title and shall be i dentical to that reflected in the | |
2139 | - | vehicle title record immedia tely prior to the repossession ; or | |
2140 | - | 18. Any vehicle approved by the Oklahoma T ax Commission for the | |
2141 | - | issuance of a foreign export certificate of title, as provided in | |
2142 | - | Section 1105 of Title 47 of the Oklahoma Statutes. | |
2143 | - | SECTION 6. AMENDATORY 47 O.S. 2021, Section 1105, as | |
2144 | - | last amended by Section 110, Chapter 282, O.S.L. 2022 (47 O.S. Supp. | |
2145 | - | 2022, Section 1105), is amended to read as follows: | |
2146 | - | Section 1105. A. As used in the Oklahoma Vehicle License and | |
2147 | - | Registration Act: | |
2148 | - | 1. “Salvage vehicle” means any vehicle which is within the last | |
2149 | - | ten (10) model years and which has been damaged by collision or | |
2150 | - | other occurrence to the extent that the cost of repairing the | |
2151 | - | vehicle for safe operation on the highway exceeds sixty percent | |
2152 | - | (60%) of its fair market value, as defined by Sec tion 1111 of this | |
2153 | - | title, immediately prior to the damage. For purposes of this | |
2154 | - | section, actual repair costs shall only include labor and parts for | |
2155 | - | actual damage to the suspension, motor, transmission, frame or | |
2156 | - | unibody and designated structural components; | |
2157 | - | 2. “Rebuilt vehicle” means any salvage vehicle which has been | |
2158 | - | rebuilt and inspected for the purpose of registration and title; | |
2159 | - | 3. “Flood-damaged vehicle” means a salvage or rebuilt vehicle | |
2160 | - | which was damaged by flooding or a vehicle which was submerged a t a | |
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2186 | - | ||
2187 | - | level to or above the dashboard of the vehicle and on which an | |
2188 | - | amount of loss was paid by the insurer; | |
2189 | - | 4. “Unrecovered-theft vehicle” means a vehicle which has been | |
2190 | - | stolen and not yet recovered; | |
2191 | - | 5. “Recovered-theft vehicle” means a vehicle, including a | |
2192 | - | salvage or rebuilt vehicle, which was recovered from a theft; and | |
2193 | - | 6. “Junked vehicle” means any vehicle which is incapable of | |
2194 | - | operation or use on the highway, has no resale value except as a | |
2195 | - | source of parts or scrap and has an eighty percent (80%) loss in | |
2196 | - | fair market value; and | |
2197 | - | 7. “Foreign export vehicle ” means any motor vehicle purchased | |
2198 | - | by an individual or entity doing business i n this state if the | |
2199 | - | vehicle is contracted to be shipped to a destination outside of the | |
2200 | - | United States or its territories or its tribal lands , as defined in | |
2201 | - | 25 U.S.C., Section 300 1(15), within one hundred twenty (120) days of | |
2202 | - | purchase. | |
2203 | - | B. The owner of every vehicle in this state shall possess a | |
2204 | - | certificate of title as proof of ownership of such vehicle, except | |
2205 | - | those vehicles registered pursuant to Section 1120 of this title and | |
2206 | - | trailers registered pursuant to Section 1133 of this title, | |
2207 | - | previously titled by anyone in another state and engaged in | |
2208 | - | interstate commerce, and except as provided in subsection M of this | |
2209 | - | section. Except for owners that possess an agricultural exemption | |
2210 | - | permit pursuant to Section 1358.1 of Title 68 of the Oklahoma | |
2211 | - | ||
2212 | - | ENGR. S. B. NO. 576 Page 12 1 | |
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2236 | - | ||
2237 | - | Statutes, the owner of an all-terrain vehicle or a motorcycle used | |
2238 | - | exclusively off roads or highways in this state which is purchased | |
2239 | - | or the ownership of which is transferred on or after July 1, 2005, | |
2240 | - | and the owner of a utility vehicle used exclusively off roads and | |
2241 | - | highways in this state which is purchased or the ownership of which | |
2242 | - | is transferred on or after July 1, 2008, shall possess a certificate | |
2243 | - | of title as proof of ownership. Any person possessing an | |
2244 | - | agricultural exemption permit and owning an all-terrain vehicle or a | |
2245 | - | motorcycle used exclusively off roads or highways in this state | |
2246 | - | which is purchased or the ownership of which is transferred on or | |
2247 | - | after July 1, 2008, shall possess a certificate of title as proof of | |
2248 | - | ownership. Upon receipt of proper application information by such | |
2249 | - | owner, Service Oklahoma shall issue an original or transfer | |
2250 | - | certificate of title. Until July 1, 2008, any security interest in | |
2251 | - | an all-terrain vehicle that attached and was perfected before July | |
2252 | - | 1, 2005, and that has not otherwise terminated shall remain | |
2253 | - | perfected, and shall take priority over any subsequently perfe cted | |
2254 | - | security interest in the same all-terrain vehicle, notwithstanding | |
2255 | - | that a certificate of title may have been issued with respect to the | |
2256 | - | same all-terrain vehicle on or after July 1, 2005, and that a lien | |
2257 | - | may have been recorded on said the certificate of title. There | |
2258 | - | shall be eight nine types of certificates of title: | |
2259 | - | ||
2260 | - | ENGR. S. B. NO. 576 Page 13 1 | |
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2284 | - | ||
2285 | - | 1. Original title for any motor vehicle which is not a | |
2286 | - | remanufactured, salvage, unrecovered-theft, rebuilt, rebodied, | |
2287 | - | foreign export, or junked vehicle; | |
2288 | - | 2. Salvage title for any motor vehicle which is a salvage | |
2289 | - | vehicle or is specified as a salvage vehicle or the equivalent | |
2290 | - | thereof on a certificate of title from another state; | |
2291 | - | 3. Rebuilt title for any motor veh icle which is a rebuilt | |
2292 | - | vehicle; | |
2293 | - | 4. Junked title for any motor vehicle which is a junked vehicle | |
2294 | - | or is specified as a junked vehicle or the equivalent thereof on a | |
2295 | - | certificate of title from another state; | |
2296 | - | 5. Classic title for any motor vehicle, except a junked | |
2297 | - | vehicle, which is twenty-five (25) model years or older; | |
2298 | - | 6. Remanufactured title for any vehicle which is a | |
2299 | - | remanufactured vehicle; | |
2300 | - | 7. Unrecovered-theft title for any motor vehicle which has been | |
2301 | - | stolen and not recovered; and | |
2302 | - | 8. Rebodied title for any motor vehicle which is a rebodied | |
2303 | - | vehicle; and | |
2304 | - | 9. Foreign export title for any foreign export vehicle. The | |
2305 | - | Oklahoma Tax Commission shall prescribe a form to be completed and | |
2306 | - | submitted under oath together with the purchase contract for the | |
2307 | - | vehicle and proof of commitment to ship the vehicle by common | |
2308 | - | carrier vessel, air, rail, or any other comm on carrier for hire. | |
2309 | - | ||
2310 | - | ENGR. S. B. NO. 576 Page 14 1 | |
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2334 | - | ||
2335 | - | Upon approval by the Commission and payment of the required | |
2336 | - | certificate of title fee, the Commission shall issue a foreign | |
2337 | - | export certificate of title. | |
2338 | - | Application for a certificate of title, whether the initial | |
2339 | - | certificate of title or a duplicate, may be made to Service Oklahoma | |
2340 | - | or any licensed operator. When application is made with a licensed | |
2341 | - | operator, the application information shall be transmitted either | |
2342 | - | electronically or by mail to Service Oklahoma by the licensed | |
2343 | - | operator. If the application informatio n is transmitted | |
2344 | - | electronically, the licensed operator shall forward the required | |
2345 | - | application along with evidence of ownership, where required, by | |
2346 | - | mail. Where the transmission of application information cannot be | |
2347 | - | performed electronically, Service Oklahoma is authorized to provide | |
2348 | - | postage paid envelopes to licensed operators for the purpose of | |
2349 | - | mailing the application along with evidence of ownership, where | |
2350 | - | required. Service Oklahoma shall upon receipt of proper application | |
2351 | - | information issue an Oklahoma certificate of title. The | |
2352 | - | certificates may be mailed to the applicant. Upon issuance of a | |
2353 | - | certificate of title, Service Oklahoma shall provide the appropriate | |
2354 | - | licensed operator with confirmation of such issuance. | |
2355 | - | C. 1. The application for certificate of title shall be upon a | |
2356 | - | blank form furnished by Service Oklahoma, containing: | |
2357 | - | a. a full description of the vehicle, | |
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2359 | - | ENGR. S. B. NO. 576 Page 15 1 | |
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2383 | - | ||
2384 | - | b. the manufacturer’s serial or other identification | |
2385 | - | number, | |
2386 | - | c. the motor number and the date on which first sold by | |
2387 | - | the manufacturer or dealer to the owner, | |
2388 | - | d. any distinguishing marks, | |
2389 | - | e. a statement of the applicant’s source of title, | |
2390 | - | f. any security interest upon the vehicle, and | |
2391 | - | g. such other information as Service Oklahoma may | |
2392 | - | require. | |
2393 | - | 2. The application for a certificate of title for a vehicle | |
2394 | - | which is within the last seven (7) model years shall require a | |
2395 | - | declaration as to whether the vehicle has been damaged by collision | |
2396 | - | or other occurrence and whether the vehicle has been recovered from | |
2397 | - | theft and the extent of the damage to the vehicle. The declaration | |
2398 | - | shall be made by the owner of a vehicle if: | |
2399 | - | a. the vehicle has been damaged or stolen, | |
2400 | - | b. the owner did or did not receive any payment for the | |
2401 | - | loss from an insurer, or | |
2402 | - | c. the vehicle is titled or registered in a state that | |
2403 | - | does not classify the vehicle or brand the title | |
2404 | - | because of damage to or loss of the vehicle similar to | |
2405 | - | the classifications or brands utilized by this state. | |
2406 | - | The declaration shall be based upon the best information and | |
2407 | - | knowledge of the owner and shall be in addition to the requirements | |
2408 | - | ||
2409 | - | ENGR. S. B. NO. 576 Page 16 1 | |
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2433 | - | ||
2434 | - | specified in paragraph 1 of this subsection. Service Oklahoma shall | |
2435 | - | not issue a certificate of title for a vehicle which is subject to | |
2436 | - | the provisions of this paragraph without the required declaration, | |
2437 | - | completed and signed by the owner of the vehicle. Upon receipt of | |
2438 | - | an application without the properly completed declaration, Service | |
2439 | - | Oklahoma shall return the application to the applicant with notice | |
2440 | - | that the title may not be issued without the required declaration. | |
2441 | - | Nothing in this paragraph shall prohibit Service Oklahoma from | |
2442 | - | recognizing the type of or brand on a title or other ownership | |
2443 | - | document issued by another state or the inspection conducted in | |
2444 | - | another state and issuing the appropriate certificate of title for | |
2445 | - | the vehicle. | |
2446 | - | 3. The certificate of title shall have the following security | |
2447 | - | features: | |
2448 | - | a. intaglio printing or security thread, with or without | |
2449 | - | watermark, | |
2450 | - | b. latent images, | |
2451 | - | c. fluorescent inks, | |
2452 | - | d. micro print, | |
2453 | - | e. void background, and | |
2454 | - | f. color coding. | |
2455 | - | 4. Each title issued pursuant to the provisions of the Oklahoma | |
2456 | - | Vehicle License and Registration Act shall be color coded as | |
2457 | - | determined by Service Oklahoma. | |
2458 | - | ||
2459 | - | ENGR. S. B. NO. 576 Page 17 1 | |
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2483 | - | ||
2484 | - | 5. The certificate of title shall be of such size and design | |
2485 | - | and color as Service Oklahoma may direct pursuant to the provisions | |
2486 | - | of this section. The title shall be on colored paper or other | |
2487 | - | material as designated by Service Oklahoma and be of such intensity | |
2488 | - | or hue as will allow easy identification as to whether the title is | |
2489 | - | an original title, a salvage title, a rebuilt title, remanufactured | |
2490 | - | title, rebodied title, foreign export title, or a junked title. The | |
2491 | - | type of title shall be identified on the front of the certificate of | |
2492 | - | title. The original title, rebuilt title, remanufactured title, an | |
2493 | - | unrecovered-theft title, rebodied title, foreign export title, or | |
2494 | - | classic title shall be identified by the word “Original”, “Rebuilt”, | |
2495 | - | “Remanufactured”, “Unrecovered Theft”, “Rebodied”, “Foreign Export”, | |
2496 | - | or “Classic” printed in the upper right quadrant of the certificate | |
2497 | - | of title, in the space which is currently captioned “type of title”. | |
2498 | - | A rebodied title shall also identify on the front of the title the | |
2499 | - | year, make and model of the originally manufactured vehicle which | |
2500 | - | has been rebodied and display a notation that reads as follows: | |
2501 | - | “This vehicle has been assembled with new major components licensed | |
2502 | - | by the original manufacturer.” | |
2503 | - | D. 1. To obtain an original certificate of title for a vehicle | |
2504 | - | that is being registered for the first time in this state which has | |
2505 | - | not been previously registered in any other state, the applicant | |
2506 | - | shall be required to deliver, as evidence of ownership, a | |
2507 | - | manufacturer’s certificate of origin properly assigned by the | |
2508 | - | ||
2509 | - | ENGR. S. B. NO. 576 Page 18 1 | |
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2533 | - | ||
2534 | - | manufacturer, distributor, or dealer licensed in this or any other | |
2535 | - | state shown thereon to be the last transferee to the applicant upon | |
2536 | - | a form to be prescribed and approved by Service Oklahoma. A | |
2537 | - | manufacturer’s certificate of origin shall contain: | |
2538 | - | a. the manufacturer’s serial or other identification | |
2539 | - | number, | |
2540 | - | b. date on which first sold by the manufacturer to the | |
2541 | - | dealer, | |
2542 | - | c. any distinguishing marks including model and the year | |
2543 | - | same was made, | |
2544 | - | d. a statement of any security interests upon the | |
2545 | - | vehicle, and | |
2546 | - | e. such other information as Service Oklahoma may | |
2547 | - | require. | |
2548 | - | 2. The manufacturer’s certificate of origin shall have the | |
2549 | - | following security features: | |
2550 | - | a. intaglio printing or security thread, with or without | |
2551 | - | watermark, | |
2552 | - | b. latent images, | |
2553 | - | c. fluorescent inks, | |
2554 | - | d. micro print, and | |
2555 | - | e. void background. | |
2556 | - | E. In the absence of a dealer’s or manufacturer’s number, | |
2557 | - | Service Oklahoma may assign such identifying number to the vehicle, | |
2558 | - | ||
2559 | - | ENGR. S. B. NO. 576 Page 19 1 | |
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2583 | - | ||
2584 | - | which shall be permanently stamped, burned, or pressed or attached | |
2585 | - | into the vehicle, and a certificate of title shall be delivered to | |
2586 | - | the applicant upon payment of all fees and taxes, and the remaining | |
2587 | - | copies shall be permanently filed and indexed by Service Oklahoma. | |
2588 | - | Service Oklahoma shall assign an identifying number to any rebuilt | |
2589 | - | vehicle if the vehicle identification number displayed on the | |
2590 | - | rebuilt vehicle does not accurately describe the vehicle as rebuilt. | |
2591 | - | The licensed operator, at the time of inspection of the rebuilt | |
2592 | - | vehicle pursuant to Section 1111 of this title, shall identify the | |
2593 | - | make, model, and year for the body to accurately describe the | |
2594 | - | rebuilt vehicle. At the time of the inspection, an appropriate | |
2595 | - | identifying number shall be permanently stamped, burned, pressed, or | |
2596 | - | attached on the rebuilt vehicle. The assigned identifying number | |
2597 | - | shall be recorded on the certificate of title for the rebuilt | |
2598 | - | vehicle. The dealer’s or manufacturer’s vehicle identification | |
2599 | - | number on the rebuilt vehicle shall be preserved in the computer | |
2600 | - | files of Service Oklahoma for at least five (5) years. | |
2601 | - | F. When registering for the first time in this state a vehicle | |
2602 | - | which was not originally manufactured for sale in the United States, | |
2603 | - | to obtain a certificate of title, Service Oklahoma shall require the | |
2604 | - | applicant to deliver: | |
2605 | - | 1. As evidence of ownership, if the vehicle has not previously | |
2606 | - | been titled in the United States, the documents constituting valid | |
2607 | - | proof of ownership in the country in which the vehicle was | |
2608 | - | ||
2609 | - | ENGR. S. B. NO. 576 Page 20 1 | |
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2633 | - | ||
2634 | - | originally purchased, together with a notarized translation of any | |
2635 | - | such documents; and | |
2636 | - | 2. As evidence of compliance with federal law, copies of the | |
2637 | - | bond release letters for the vehicle issued by the United States | |
2638 | - | Environmental Protection Agency and the United States Department of | |
2639 | - | Transportation, together with a receipt issued by the Internal | |
2640 | - | Revenue Service indicating that the applicable federal gas guzzler | |
2641 | - | tax has been paid. | |
2642 | - | Service Oklahoma shall not issue a certificate of title for a | |
2643 | - | vehicle which is subject to the provisions of this paragraph without | |
2644 | - | the required documentation from agencies of t he United States and | |
2645 | - | evidence of ownership. Upon receipt of an application without the | |
2646 | - | required documentation, Service Oklahoma shall return the | |
2647 | - | application to the applicant with notice that the certificate of | |
2648 | - | title may not be issued without the required documentation. Nothing | |
2649 | - | in this paragraph shall prohibit Service Oklahoma from issuing | |
2650 | - | certificates of title for antique or classic vehicles not driven | |
2651 | - | upon the public streets, roads, or highways, for mini-trucks | |
2652 | - | registered pursuant to Section 1151.3 of this title, or for medium- | |
2653 | - | speed electric vehicles. | |
2654 | - | G. When registering in this state a vehicle which was titled in | |
2655 | - | another state and which title contains the name of a secured party | |
2656 | - | on the face of the other state certificate of title, or such state | |
2657 | - | certificate is being held by the secured party in that state or any | |
2658 | - | ||
2659 | - | ENGR. S. B. NO. 576 Page 21 1 | |
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2683 | - | ||
2684 | - | other state, Service Oklahoma or the licensed operator shall | |
2685 | - | complete a lien entry form as prescribed by Service Oklahoma. The | |
2686 | - | owner of such vehicle shall file an affidavit with Service Oklahoma | |
2687 | - | or the licensed operator stating that title to the vehicle is being | |
2688 | - | held by a secured party, has not been issued pursuant to the laws of | |
2689 | - | the state where titled, and that there is an existing lien or | |
2690 | - | encumbrance on the vehicle. The current name and address of the | |
2691 | - | secured party or lienholder shall also be stated in the affidavit. | |
2692 | - | The form of the affidavit shall be prescribed by Service Oklahoma | |
2693 | - | and contain any other information deemed necessary by Service | |
2694 | - | Oklahoma. A statement of the lien or encumbrance shall be included | |
2695 | - | on the Oklahoma certificate of title and the lien or encumbrance | |
2696 | - | shall be deemed continuously perfected as though it had been | |
2697 | - | perfected pursuant to Section 1110 of this title. For completing | |
2698 | - | the lien entry form and recording the security interest on the | |
2699 | - | certificate of title, Service Oklahoma or the licensed operator | |
2700 | - | shall collect a fee of Three Dollars ($3.00) which shall be in | |
2701 | - | addition to other fees provided by the Oklahoma Vehicle License and | |
2702 | - | Registration Act. The fee, if collected by the licensed operator | |
2703 | - | pursuant to this subsection, shall be retained by the licensed | |
2704 | - | operator. | |
2705 | - | H. The charge for each certificate of title issued, except for | |
2706 | - | junked titles and foreign export titles as defined in paragraph 4 of | |
2707 | - | subsection B of this s ection, shall be Eleven Dollars ($11.0 0), | |
2708 | - | ||
2709 | - | ENGR. S. B. NO. 576 Page 22 1 | |
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2733 | - | ||
2734 | - | which charge shall be in addition to any other fees or taxes imposed | |
2735 | - | by law for such vehicle. One Dollar ($1.00) of each such charge | |
2736 | - | shall be deposited in the Oklahoma Tax Commission Reimbursement Fund | |
2737 | - | through December 31, 2022, and beginning January 1, 2023, it shall | |
2738 | - | be deposited in the Service Oklahoma Reimbursement Fund. However, | |
2739 | - | the charge shall not apply to any vehicle which is to be registered | |
2740 | - | in this state pursuant to the provisions of Section 1120 or 1133 of | |
2741 | - | this title and which was registered in another state at least sixty | |
2742 | - | (60) days prior to the time it is required to be registered in this | |
2743 | - | state. When an insurer requests a salvage or junk title in the name | |
2744 | - | of the insurer resulting from the settlement of a total loss claim | |
2745 | - | and upon presentation of appropriate proof of loss documentation as | |
2746 | - | required by Service Oklahoma, such transfer may be processed as one | |
2747 | - | title transaction, without first requiring issuance of a replacement | |
2748 | - | certificate of title in the name of the vehicle owner. The fee | |
2749 | - | shall be Twenty-two Dollars ($22.00). Two Dollars ($2.00) of this | |
2750 | - | fee shall be deposited in the Oklahoma Tax Commission Reimbursement | |
2751 | - | Fund. The charge for a foreign export title shal l be One Hundred | |
2752 | - | Dollars ($100.00), which charge shall b e in addition to any ot her | |
2753 | - | fees or taxes imposed by law for such vehicle. One Dollar ($1.00) | |
2754 | - | of this fee shall be deposited in the Tax Commission Reimbursement | |
2755 | - | Fund. | |
2756 | - | I. The vehicle identification number of a junked vehicle shall | |
2757 | - | be preserved in the computer files of Service Oklahoma for a period | |
2758 | - | ||
2759 | - | ENGR. S. B. NO. 576 Page 23 1 | |
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2783 | - | ||
2784 | - | of not less than five (5) years. The charge of junked titles as | |
2785 | - | defined in paragraph 4 of subsection B of this section shall be Four | |
2786 | - | Dollars ($4.00). The fee remitted to the Tax Commission shall be | |
2787 | - | deposited in the Oklahoma Tax Commission Reimbursement Fund through | |
2788 | - | December 31, 2022, and beginning January 1, 2023, this fee shall be | |
2789 | - | deposited in the Service Oklahoma Reimbursement Fund. | |
2790 | - | J. If a vehicle is sold to a resident of another state | |
2791 | - | destroyed, dismantled, or ceases to be used as a vehicle, the owner | |
2792 | - | shall immediately notify Service Oklahoma. Absent evidence to the | |
2793 | - | contrary, failure to notify Service Oklahoma shall be prima facie | |
2794 | - | evidence that the vehicle has been in continuous operation in this | |
2795 | - | state. | |
2796 | - | K. If a vehicle is stolen, the owner shall immediately notify | |
2797 | - | the appropriate law enforcement agency. Immediately after receiving | |
2798 | - | such notification, the law enforcement agency shall notify Service | |
2799 | - | Oklahoma. | |
2800 | - | L. Except for all-terrain vehicles, utility vehicles and | |
2801 | - | motorcycles used exclusively for off-road use, no title for an out- | |
2802 | - | of-state vehicle, except for foreign export titles or any commercial | |
2803 | - | truck or truck-tractor registered pursuant to Section 1120 of this | |
2804 | - | title which is engaged in interstate commerce or any trailer or | |
2805 | - | semitrailer registered pursuant to Section 1133 of this tit le which | |
2806 | - | is engaged in interstate commerce, shall be issued without an | |
2807 | - | inspection of such vehicle and payment of a fee of Four Dollars | |
2808 | - | ||
2809 | - | ENGR. S. B. NO. 576 Page 24 1 | |
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2833 | - | ||
2834 | - | ($4.00) for such inspection; provided, Service Oklahoma may enter | |
2835 | - | into reciprocal agreements with other states for such inspections to | |
2836 | - | be performed at locations outside the boundaries of this state for | |
2837 | - | vehicles which: | |
2838 | - | 1. Are offered for sale at auction; | |
2839 | - | 2. Have been solely used as vehicles for rent under the | |
2840 | - | ownership of a licensed motor vehicle dealer or a person engaged in | |
2841 | - | the business of renting motor vehicles; or | |
2842 | - | 3. Have not been registered in this or any other state for more | |
2843 | - | than one (1) year. | |
2844 | - | The inspection shall include a comparison of the vehicle | |
2845 | - | identification number on the vehicle with the number recorded on the | |
2846 | - | ownership records and the recording of the actual odometer reading | |
2847 | - | on the vehicle. The four-dollar fee shall be collected by the | |
2848 | - | licensed operator or Service Oklahoma when the title is issued. The | |
2849 | - | licensed operator shall retain Two Dollars ($2.00). The remaining | |
2850 | - | Two Dollars ($2.00) shall be deposited in the Oklahoma Tax | |
2851 | - | Commission Reimbursement Fund through December 31, 2022, and | |
2852 | - | beginning January 1, 2023, this fee shall be deposited in the | |
2853 | - | Service Oklahoma Reimbursement Fund. | |
2854 | - | Service Oklahoma may allow the inspection to be performed at a | |
2855 | - | location out-of-state by another state’s department of motor | |
2856 | - | vehicles or state police. | |
2857 | - | ||
2858 | - | ENGR. S. B. NO. 576 Page 25 1 | |
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2882 | - | ||
2883 | - | M. No title for any out-of-state vehicle offered for sale at | |
2884 | - | salvage pools, salvage disposal sales, or an auction, or by a dealer | |
2885 | - | or a licensed automotive dismantler and parts recycler, sh all be | |
2886 | - | issued without an inspection to compare the vehicle identification | |
2887 | - | number on the vehicle with the num ber recorded on the ownership | |
2888 | - | record and to record the actual odometer reading on the vehicle. | |
2889 | - | Upon request of the seller, person or entity conduct ing an auction, | |
2890 | - | dealer or licensed dismantler, the inspection shall be conducted at | |
2891 | - | the location or place of business of the sale, auction, dealer, or | |
2892 | - | the dismantler. The inspection shall be conducted by any licensed | |
2893 | - | operator or a duly authorized employee thereof; provided, if the | |
2894 | - | vehicle identification number on the vehicle offered for sale at | |
2895 | - | salvage pools, salvage disposal sales or a classic or antique | |
2896 | - | auction does not match the number recorded on the ownership record, | |
2897 | - | the inspection may be conducted at the location of or place of | |
2898 | - | business of such sale or auction by any state, county or city law | |
2899 | - | enforcement officer. Service Oklahoma may enter into reciprocal | |
2900 | - | agreements with other states for such inspections to be performed at | |
2901 | - | locations outside the boundaries of this state for vehicles which: | |
2902 | - | 1. Are offered for sale at auction; | |
2903 | - | 2. Have been solely used as vehicles for rent under the | |
2904 | - | ownership of a licensed motor vehicle dealer or a person engaged in | |
2905 | - | the business of renting motor vehicles; or | |
2906 | - | ||
2907 | - | ENGR. S. B. NO. 576 Page 26 1 | |
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2929 | - | 23 | |
2930 | - | 24 | |
2931 | - | ||
2932 | - | 3. Have not been registered in this or any other state for more | |
2933 | - | than one (1) year. | |
2934 | - | The inspection shall be certified upon forms prescribed by Service | |
2935 | - | Oklahoma. The name and other identification of the author ized | |
2936 | - | person conducting the inspection shall be legibly printed or typed | |
2937 | - | on the form. Prior to any inspection by any employee of a licensed | |
2938 | - | operator, the licensed operator shall notify Service Oklahoma of the | |
2939 | - | name and any other identification information requested by Service | |
2940 | - | Oklahoma of the authorized person. A signature specimen of the | |
2941 | - | authorized person shall be submitted to Service Oklahoma by the | |
2942 | - | employing licensed operator. If the authorization to inspect | |
2943 | - | vehicles is withdrawn or the employer-employee relationship is | |
2944 | - | terminated, the licensed operator, immediately, shall notify Service | |
2945 | - | Oklahoma and return any remaining inspection forms to Service | |
2946 | - | Oklahoma. The fee for the inspection shall be Four Dollars ($4.00). | |
2947 | - | The licensed operator shall retain Three Dollars ($3.00) of the fee. | |
2948 | - | Fees received by a licensed operator or an authorized employee | |
2949 | - | thereof shall be handled and accounted for in the manner as | |
2950 | - | prescribed by law for any other fees paid to or received by a | |
2951 | - | licensed operator. Out-of-state vehicles brought into this state by | |
2952 | - | a person licensed in another state to sell new or used vehicles to | |
2953 | - | be sold within this state at a motor vehicle auction which is | |
2954 | - | limited to dealer-to-dealer transactions shall not be required to be | |
2955 | - | inspected, unless the vehicle is purchased by an Oklahoma dealer. | |
2956 | - | ||
2957 | - | ENGR. S. B. NO. 576 Page 27 1 | |
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2979 | - | 23 | |
2980 | - | 24 | |
2981 | - | ||
2982 | - | Any person licensed in another state to sell new or used motor | |
2983 | - | vehicles, who offers a motor vehicle for sale within this state at a | |
2984 | - | motor vehicle auction which is limited to dealer-to-dealer | |
2985 | - | transactions, shall not be within the definition of “owner” in | |
2986 | - | Section 1102 of this title, for purposes of Section 1101 et seq. of | |
2987 | - | this title. | |
2988 | - | N. A licensed motor vehicle dealer, upon payment of a fee of | |
2989 | - | Fifteen Dollars ($15.00), may reassign an out-of-state certificate | |
2990 | - | of title to a used motor vehicle provided such dealer obtains the | |
2991 | - | appropriate inspection form required by either subsection L or M of | |
2992 | - | this section and attaches the form to the out-of-state certificate | |
2993 | - | of title. Licensed operators shall be allowed to retain Two Doll ars | |
2994 | - | and twenty-five cents ($2.25) of the fee plus an additional Two | |
2995 | - | Dollars ($2.00) or Three Dollars ($3.00) as provided in subsections | |
2996 | - | L and M of this section for performance of the inspection. Two | |
2997 | - | Dollars ($2.00) of the fee shall be deposited in th e Service | |
2998 | - | Oklahoma Reimbursement Fund. An out-of-state vehicle which has been | |
2999 | - | rebuilt shall be inspected pursuant to the provisions of Section | |
3000 | - | 1111 of this title. Service Oklahoma shall train licensed operators | |
3001 | - | in interpreting vehicle identification numbers to assure that it | |
3002 | - | accurately describes the vehicle and to detect rollback or | |
3003 | - | alteration of the odometer. Failure of a licensed operator to | |
3004 | - | inspect the vehicle and make the required notations shall be a | |
3005 | - | misdemeanor punishable by a fine of not more than One Thousand | |
3006 | - | ||
3007 | - | ENGR. S. B. NO. 576 Page 28 1 | |
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3027 | - | 21 | |
3028 | - | 22 | |
3029 | - | 23 | |
3030 | - | 24 | |
3031 | - | ||
3032 | - | Dollars ($1,000.00) for the first offense and Five Thousand Dollars | |
3033 | - | ($5,000.00) for the second offense or subsequent offense, or by | |
3034 | - | imprisonment in the county jail for not more than six (6) months, or | |
3035 | - | by both such fine and imprisonment. | |
3036 | - | O. The ownership of any unrecovered vehicle which has been | |
3037 | - | declared a total loss by an insurer because of theft shall be | |
3038 | - | transferred to the insurer by an unrecovered-theft vehicle title; | |
3039 | - | provided, the ownership of any such vehicle which has been declared | |
3040 | - | a total loss by an insurer licensed by the Insurance Department of | |
3041 | - | the State of Oklahoma this state and maintaining a multi-state motor | |
3042 | - | vehicle salvage processing center in this state shall be transferred | |
3043 | - | to the insurer by a salvage or an unrecovered-theft title without | |
3044 | - | the requirement of a visual inspection of the vehicle identification | |
3045 | - | number by the insurer. Upon recovery of the vehicle, the ownership | |
3046 | - | shall be transferred by an original title, salvage title, or junked | |
3047 | - | title, as may be appropriate based upon an estimate of the amount of | |
3048 | - | loss submitted by the insurer. | |
3049 | - | P. When an insurance company makes a total loss settlement on a | |
3050 | - | total loss vehicle and the insurance company or a salvage pool | |
3051 | - | authorized by the insurance company is unable to obtain the properly | |
3052 | - | endorsed certificate of ownership or other evidence of ownership | |
3053 | - | acceptable to Service Oklahoma within thirty (30) days following | |
3054 | - | acceptance by the owner of an offer of an amount in settlement of a | |
3055 | - | total loss, that insurance company or salvage pool, on a form | |
3056 | - | ||
3057 | - | ENGR. S. B. NO. 576 Page 29 1 | |
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3078 | - | 22 | |
3079 | - | 23 | |
3080 | - | 24 | |
3081 | - | ||
3082 | - | provided by Service Oklahoma and signed under penalty of perjury, | |
3083 | - | may request Service Oklahoma to issue the applicable salvage title | |
3084 | - | for the vehicle. The request shall include information declaring | |
3085 | - | that the requester has made at least two written attempts to obtain | |
3086 | - | the certificate of ownership or other acceptable evidence of title. | |
3087 | - | Q. The owner of any vehicle which is incapable of operation or | |
3088 | - | use on the public roads and has no resale value, except as parts, | |
3089 | - | scrap, or junk, may deliver the certificate of title to the vehicle | |
3090 | - | to Service Oklahoma for cancellation. Upon verification that any | |
3091 | - | perfected lien against the vehicle has been released, the | |
3092 | - | certificate of title shall be canceled without any fee, charge, or | |
3093 | - | cost required from the owner. The vehicle identification numbers on | |
3094 | - | the certificates of title shall be preserved in the computer files | |
3095 | - | of Service Oklahoma for at least five (5) years from the date of | |
3096 | - | cancellation of the certifi cate of title. Service Oklahoma shall | |
3097 | - | prescribe and provide an affidavit form to be completed by the owner | |
3098 | - | of any vehicle for which the certificate of title is canceled. No | |
3099 | - | title or registration shall subsequently be issued for a vehicle for | |
3100 | - | which the certificate of title has been surrendered pursuant to this | |
3101 | - | subsection. Service Oklahoma shall prescribe a form for the | |
3102 | - | transfer of ownership of a vehicle for which the certificate of | |
3103 | - | title has been canceled. | |
3104 | - | R. The owner of a vehicle which is not within the last ten (10) | |
3105 | - | model years, not roadworthy and not capable of repair for operation | |
3106 | - | ||
3107 | - | ENGR. S. B. NO. 576 Page 30 1 | |
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3130 | - | 24 | |
3131 | - | ||
3132 | - | or use on the roads an d highways, or a vehicle which is being sold | |
3133 | - | to a scrap metal dealer pursuant to Section 11-92 of Title 2 of the | |
3134 | - | Oklahoma Statutes, shall transfer the vehicle only upon a | |
3135 | - | certificate of ownership prescribed by Service Oklahoma, if the | |
3136 | - | certificate of title to the vehicle is lost, has been canceled, or | |
3137 | - | otherwise not available. The prescribed owner ship form shall | |
3138 | - | include the names and addresses of the buyer and seller, the driver | |
3139 | - | license number or Social Security number of the seller, t he make and | |
3140 | - | model of the vehicle, and the public vehicle identification number. | |
3141 | - | If there is no public vehicle iden tification number, the vehicle | |
3142 | - | shall be inspected by a law enforcement officer to verify the | |
3143 | - | absence of the number on the vehicle and the pre scribed ownership | |
3144 | - | form shall include a signed statement, by such officer, verifying | |
3145 | - | the absence of the number. | |
3146 | - | The certificate of ownership shall be completed in triplicate. | |
3147 | - | The buyer and seller shall each retain a copy. Within thirty (30) | |
3148 | - | days of the transaction, the seller shall submit one copy to Service | |
3149 | - | Oklahoma or a licensed operator accompanied with a fee of Four | |
3150 | - | Dollars ($4.00). One Dollar ($1.00) shall be retained by the | |
3151 | - | licensed operator and Three Dollars ($3.00) shall be deposited in | |
3152 | - | the Oklahoma Tax Commission Reimbursement Fund in the State Treasur y | |
3153 | - | through December 31, 2022, and beginning January 1, 2023, this fee | |
3154 | - | shall be deposited in the Service Oklahoma Reimbursement Fund. | |
3155 | - | ||
3156 | - | ENGR. S. B. NO. 576 Page 31 1 | |
3157 | - | 2 | |
3158 | - | 3 | |
3159 | - | 4 | |
3160 | - | 5 | |
3161 | - | 6 | |
3162 | - | 7 | |
3163 | - | 8 | |
3164 | - | 9 | |
3165 | - | 10 | |
3166 | - | 11 | |
3167 | - | 12 | |
3168 | - | 13 | |
3169 | - | 14 | |
3170 | - | 15 | |
3171 | - | 16 | |
3172 | - | 17 | |
3173 | - | 18 | |
3174 | - | 19 | |
3175 | - | 20 | |
3176 | - | 21 | |
3177 | - | 22 | |
3178 | - | 23 | |
3179 | - | 24 | |
3180 | - | ||
3181 | - | Upon receipt of the certificate, Service Oklahoma shall verify | |
3182 | - | that any perfected lien upon the vehicle h as been released. If the | |
3183 | - | lien is not released, Service Oklahoma shall mail notice of the | |
3184 | - | transfer to the lienholder at the l ienholder’s last-known address. | |
3185 | - | If a certificate of title has been issued, it shall be canceled and | |
3186 | - | the vehicle identification number shall be preserved in the computer | |
3187 | - | of Service Oklahoma for at least five (5) years. The buyer of the | |
3188 | - | vehicle may not be sued and shall not be liable for monetary damages | |
3189 | - | to the lienholder,; however, the vehicle sh all be subject to a valid | |
3190 | - | repossession by a lienholder. | |
3191 | - | S. Service Oklahoma shall notify the chief administrative | |
3192 | - | officer of the agency or department responsible for issuing motor | |
3193 | - | vehicle certificates of title in each state in the United States of | |
3194 | - | the types of motor vehicle certificate of title effective in | |
3195 | - | Oklahoma on and after January 1, 1989. | |
3196 | - | T. When registering for the first time in this state a | |
3197 | - | remanufactured vehicle which has not been registered in any other | |
3198 | - | state since its remanufacture, before issuing a certificate of | |
3199 | - | title, Service Oklahoma shall require the applicant to deliver a | |
3200 | - | statement of origin from the remanufacturer. | |
3201 | - | U. If a vehicle is sold to a foreign buyer pursuant to the | |
3202 | - | provisions of the Automotive Dismantlers and Parts Recycler Act, the | |
3203 | - | licensed seller shall stamp the title with: “EXPORT ONLY. | |
3204 | - | NONTRANSFERABLE IN THE UNITED STATES.” The licensed seller shall | |
3205 | - | ||
3206 | - | ENGR. S. B. NO. 576 Page 32 1 | |
3207 | - | 2 | |
3208 | - | 3 | |
3209 | - | 4 | |
3210 | - | 5 | |
3211 | - | 6 | |
3212 | - | 7 | |
3213 | - | 8 | |
3214 | - | 9 | |
3215 | - | 10 | |
3216 | - | 11 | |
3217 | - | 12 | |
3218 | - | 13 | |
3219 | - | 14 | |
3220 | - | 15 | |
3221 | - | 16 | |
3222 | - | 17 | |
3223 | - | 18 | |
3224 | - | 19 | |
3225 | - | 20 | |
3226 | - | 21 | |
3227 | - | 22 | |
3228 | - | 23 | |
3229 | - | 24 | |
3230 | - | ||
3231 | - | supply Service Oklahoma the title number, the vehicle identification | |
3232 | - | number and the foreign buyer’s bid identification number on a form | |
3233 | - | prescribed by Service Oklahoma. Service Oklahoma shall cancel the | |
3234 | - | title, and the vehicle identification number shall be preserved in | |
3235 | - | the computer files of Service Oklahoma for a period of not less than | |
3236 | - | five (5) years. | |
3237 | - | V. Service Oklahoma shall not be considered a necessary party | |
3238 | - | to any lawsuit which is instigated for the purpose of determining | |
3239 | - | ownership of a vehicle, wherein Service Oklahoma’s only involvement | |
3240 | - | would be to issue title, and the court shall issue an order | |
3241 | - | dismissing Service Oklahoma from the pending action. In the event | |
3242 | - | no other party or lienholder can be ident ified as to ownership or | |
3243 | - | claim, Service Oklahoma shall accept an affidavit of ownership from | |
3244 | - | the party claiming ownership and issue proper title thereon. | |
3245 | - | SECTION 7. This act shall become effective July 1, 2023. | |
3246 | - | SECTION 8. It being immediately necessary f or the preservation | |
3247 | - | of the public peace, health or safety, an emergency is here by | |
3248 | - | declared to exist, by reason whereof this act shall take effect and | |
3249 | 1665 | be in full force from and after its passage and approval. | |
3250 | 1666 | ||
3251 | - | ENGR. S. B. NO. 576 Page 33 1 | |
3252 | - | 2 | |
3253 | - | 3 | |
3254 | - | 4 | |
3255 | - | 5 | |
3256 | - | 6 | |
3257 | - | 7 | |
3258 | - | 8 | |
3259 | - | 9 | |
3260 | - | 10 | |
3261 | - | 11 | |
3262 | - | 12 | |
3263 | - | 13 | |
3264 | - | 14 | |
3265 | - | 15 | |
3266 | - | 16 | |
3267 | - | 17 | |
3268 | - | 18 | |
3269 | - | 19 | |
3270 | - | 20 | |
3271 | - | 21 | |
3272 | - | 22 | |
3273 | - | 23 | |
3274 | - | 24 | |
3275 | - | ||
3276 | - | Passed the Senate the 8th day of March, 2023. | |
3277 | - | ||
3278 | - | ||
3279 | - | ||
3280 | - | Presiding Officer of the Senate | |
3281 | - | ||
3282 | - | ||
3283 | - | Passed the House of Representatives the ____ day of __________, | |
3284 | - | 2023. | |
3285 | - | ||
3286 | - | ||
3287 | - | ||
3288 | - | Presiding Officer of the House | |
3289 | - | of Representatives | |
3290 | - | ||
3291 | - | ||
1667 | + | COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated | |
1668 | + | 04/19/2023 - DO PASS, As Amended. |